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Using a diff name advice please

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  • 01-06-2011 8:30pm
    #1
    shivkk06
    Registered Users Posts: 243 ✭✭


    hi just looking for input and advice ill try keep it short as possible thanks

    my parents are legally seperated my mother still goes by her married name...now my father and his partner live in what was the marital home and my mother is about a mile away since the seperation the postman which services both areas delivers post addressed to her at my fathers home to her new address

    a few times the post was for my fathers partner her and my mother share same first name but not surname as my father has not remarried but this woman is using the surname.my mother previously got a solicitors letter to ask her to stop as she was worried about effect it could have on credit history etc with her previously having this address a few days ago another letter arrived to my mothers but was. for the other one.

    now she has started a mad rant on fb about it and that she passed matter to the gardai and reported it to an post

    is it legal for her to use the surname when not married and can my mother be in trouble for opening thr letter


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    #2
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    shivkk06 wrote: »
    is it legal for her to use the surname when not married
    Yes, under common law you can call yourself by whatever name(s) you want, as long as it's not done with the intent to defraud.
    and can my mother be in trouble for opening thr letter
    In the circumstances, no.


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    #3
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    not even wrong wrote: »
    shivkk06 wrote: »
    is it legal for her to use the surname when not married and can my mother be in trouble for opening thr letter
    Yes, under common law you can call yourself by whatever name(s) you want, as long as it's not done with the intent to defraud.
    That sounds weird. I know it can be done for children but don't think so for adults. If that was the case. we could all just make up whatever name we wanted without the need for a deed poll. Any chance you could provide a link?


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    #4
    TagetWidow
    Registered Users Posts: 9 ✭TagetWidow


    The postman should not be forwarding post without payment of a fee. Best bet is to write to all bullets, banks, insurance cos etc and inform them of the change of address. Continue to do so as and when the need arises. The woman's use of the surname is irrelevant. Post must be delivered to the address not the person.


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    #5
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    James Jones wrote: »
    That sounds weird. I know it can be done for children but don't think so for adults. If that was the case. we could all just make up whatever name we wanted without the need for a deed poll. Any chance you could provide a link?

    http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/changing_your_name_by_deed_poll.html
    How you earn your name is by use and repute. Effectively this means for most purposes, if someone wants to be known by their married name (or any other), then they just use this name and ask people to call them by it.

    The only way to legally record the change of name is by executing a deed poll.
    ...
    The advantage of changing your name by deed poll is that a record of the change is kept for future identification. This can be attached to your birth certificate, is acceptable for most administrative procedures and provides an easy and inexpensive solution to most of the difficulties that can arise when you change your name.


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