Can someone explain this conversation re certificates

[pharmaT]

I have decided  I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.

First I was told it was illegal for a married woman to use her maiden name and I would have to be divorced and then use my divorce papers to be granted a deed poll to change my name or I'd be breaking the law. She then said I had to change my passport.  When I explained I didn't have a passport she claimed it was illegal not to have one for which I had to explain not if I didn't attempt to travel abroad.

After 10min of going round in circles with the above conversation she agreed I should send my birth certificate and get statements from colleagues to confirm they are happy for me to be know by my maiden name (eh?).  So I said "right so birth certificate, marriage certificate and statements?" She said "no just your birth cert" and when I asked "surely it's my marriage certificate that links the 2 names" and she said no.  worryingly she said they only accept England and wales birth certificates and I was born in Scotland so not sure if that means I don't exist 

[lizdb]

You can call yourself what you like as long as you don't intend to defraud anyone

See
https://www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/changing-your-name-s/

[Lostris]

A total Dingbat !

Just write to your HR Dept and tell them that as from such & such a date you will be called Ms Maiden-name.

You dont need a deed poll or anything in writing - its your decision.

[pharmaT]

You can call yourself what you like as long as you don't intend to defraud anyone

See
https://www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/changing-your-name-s/

I know what the law is, sadly I'm having issues with other people understanding it and my professional registration has to be in the same name as my work name.  ACtual work at fine, didn't even ask for certificates as they knew me before I was married.

[RJ_Paton]

I have decided  I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.

First I was told it was illegal for a married woman to use her maiden name and I would have to be divorced and then use my divorce papers to be granted a deed poll to change my name or I'd be breaking the law. She then said I had to change my passport.  When I explained I didn't have a passport she claimed it was illegal not to have one for which I had to explain not if I didn't attempt to travel abroad.

After 10min of going round in circles with the above conversation she agreed I should send my birth certificate and get statements from colleagues to confirm they are happy for me to be know by my maiden name (eh?).  So I said "right so birth certificate, marriage certificate and statements?" She said "no just your birth cert" and when I asked "surely it's my marriage certificate that links the 2 names" and she said no.  worryingly she said they only accept England and wales birth certificates and I was born in Scotland so not sure if that means I don't exist 

Legally in Scotland a woman retains her maiden name throughout her life.

e.g if Joan Brown marries Fred Smith, in Scotland under Scots Law she would always be known as Joan Brown or Smith. This applies whether she is married divorced or widowed.

Obviously the person you were speaking to  knew about as much of the law as your average goldfish - and as for the "only English or welsh" Birth certificates   

[groom]

If I were you, I wouldn't bother to do anything over the phone. Just do as Lostris said and put it in writing. You could enclose copies of the certificates if you wanted to and perhaps get your manager or someone from where you work to write to confirm that is the name that you use. No matter what the woman thinks, the law says you can use whatever name you want. It proves she doesn't know what she is talking about if she says it is the law to have a passport and won't accept a Scottish birth certificate!

[MonicaL]

Some advice notes from the NRS:

 Reverting to Birth (Maiden) Surname Following Separation, Divorce or Civil Partnership Dissolution

If your relationship with your partner has ended and you no longer wish to be known by the name you assumed when you married or registered your civil partnership, you can simply let people who hold information about you such as your employer, doctor bank and passport office that you wish to be known as a different name.  This could  be a name you were previously known by such as your birth (or maiden) name.

Banks and certain other organisations may ask to see your marriage or civil partnership certificate and any subsequent divorce or dissolution certificate to explain the change.

Unless you previously changed your name via the change of name procedure carried out by the National Records of Scotland described in this section of our website and your birth entry was revised, you do NOT need to complete any forms to revert to your birth (maiden) surname.
www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland

Monica

[pharmaT]

Some advice notes from the NRS:

 Reverting to Birth (Maiden) Surname Following Separation, Divorce or Civil Partnership Dissolution

If your relationship with your partner has ended and you no longer wish to be known by the name you assumed when you married or registered your civil partnership, you can simply let people who hold information about you such as your employer, doctor bank and passport office that you wish to be known as a different name.  This could  be a name you were previously known by such as your birth (or maiden) name.

Banks and certain other organisations may ask to see your marriage or civil partnership certificate and any subsequent divorce or dissolution certificate to explain the change.

Unless you previously changed your name via the change of name procedure carried out by the National Records of Scotland described in this section of our website and your birth entry was revised, you do NOT need to complete any forms to revert to your birth (maiden) surname.
www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland

Monica

That's the problem they want my divorce and that is going to take over 2 years and I want to use my Maiden name now, which I'm legally entitled to do, it has always been my legal name.

[Jomot]

In your shoes I'd do as suggested by Groom, and also send them a print of that page from NRS with the first paragraph highlighted in a lovely bright yellow.