The legal effects of marriage.

Getting married leads to the creation of new rights and new obligations between the couple. Amongst other things, they have a duty to maintain one another and to live together, and they impliedly agree to have sex with each other.

A. A New Name?

For a woman the most obvious change brought about by the marriage will usually be a change of name. However, there is no legal obligation on her to change her name and she can retain her maiden name if she wishes. She and her husband may also agree to hyphenate their surnames together.

If she chooses to adopt the husband’s name on marriage, she is then entitled to keep her husband’s name (and any title) even after he dies or after they divorce and remarry. Alternatively, she can revert to her maiden name if she prefers.

In English law, anybody can call themselves by whatever name they choose, and they can change their names as and when they wish

B. A New Nationality?

No. Not automatically. Nationality is a political status of an individual and this is not affected by marriage. A British citizen who marries a foreigner can retain his or her citizenship – but may have dual citizenship (although this depends on the law of the other country involved). The UK law accepts dual citizenship but not every country does (e.g. the USA), so if a woman wants to claim US citizenship she may have to give up her British citizenship.

C. A New Domicile?

A wife need not acquire her husband’s domicile, although in practice she will often do so. Domicile should not be confused with nationality, citizenship or residence.

Domicile is where a person has his or her permanent home or, if he or she is living abroad, where he or she intends to return to permanently.

Residence is the place where a person happens to be living; a person can be resident in several countries at the same but can have only one domicile.

How domicile is decided. At birth, a baby will normally acquire its father’s domicile, or if the father is dead, its mother’s domicile. This called the ‘domicile of origin’.

In practice it is very difficult to change that domicile until the child is sixteen, but thereafter the child can acquire a ‘domicile of choice’, depending on the place where he or she is now permanently resident or intends to reside permanently.

Although a wife needn’t acquire her husband’s domicile on marriage, it will usually be the case that she will live with him and that she will plan to spend her life with him in his domicile. Thus, in practice, she will usually acquire that new domicile.

New vocabulary:

Obligations – обязательства

Implied – подразумеваемый

Retain – сохранять

Maiden name – девичья фамилия

Hyphenate – писать через дефис

Be entitled to – иметь право

Alternatively – альтернативно, по выбору

Revert – возвращаться

Dual – двойной

Claim - претендовать