Across the world, people routinely change their names for various reasons. Some common examples include the desire to anglicise a foreign name or for an artiste to become formally known by his stage name. Many would recall when Prince changed his name to become known by a symbol, after which he was called "the artiste formerly known as Prince".

In jurisdictions in which gay marriages are forbidden, or where heterosexual couples have agreed to cohabit outside of wedlock, one of the parties to the union may change his or her surname to the partner's surname or a double-barreled name by deed poll.

The law has few strictures regarding a person's ability to change his/her name. In fact, any person over the age of 18 years of age may change his or her name by deed poll to any new name, at any time, by signing a declaration stating the name by which he/she now wish to be known. There are a few exceptional circumstances in which a change of name may be refused, such as where the person is attempting to change the name to perpetuate fraud or to avoid criminal conviction.

Canada

In some jurisdictions, there are statutes which govern change of name. Based on my research, Ontario, Canada, has a Change of Name Act, which allows a spouse or partner in a common-law union or same-sex marriage to assume his or her spouse's surname or obtain a legal name change. In either case, the change of name does not, of itself, create any legal rights or obligations. The party whose name is changed does not need to make a formal application, his or her birth certificate will not be altered, and reverting to the original name on legal identification documents only requires the presentation of the birth certificate.

The common law operates in Jamaica and, whether a Jamaican couple is married or not, does not affect the rights of either party to adopt his or her partner's surname or a double-barreled name. In the end, the name change only affects the party's identity, and not his legal rights.

Therefore, a name change will not create legal rights where they would not have otherwise existed. For example, if the couple would not have qualified as common-law spouses, the name change will not alter this fact. In other words, a homosexual couple does not have the right to rely on the Maintenance or the Property (Rights of Spouses) Act to determine their interests in property or right to maintenance. Likewise, a heterosexual couple will not be able to do so unless each party is single and they have been cohabiting for at least five years, as if they were, in law, husband and wife. The name change will not affect these things.

The real answer to the question is that the name change, by itself, does not have legal consequences. The quality of a couple's relationship, and whether they have legal status pursuant to any of the various legislations, will be the yard stick by which to determine their rights.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.