Going through a divorce can be a daunting process, filled with a multitude of significant decisions relating to finances, property, and children. Amidst these challenges, many individuals also grapple with the decision to reclaim their maiden name. While this might seem like an overwhelming task, it’s far from impossible, and we’re here to guide you through it.
Your Name, Your Choice
Firstly, it’s important to understand that your name isn’t a legal property, and you have complete freedom to decide whether or not you want to keep the surname you took in marriage. You can change your name whenever you like, and you don’t have to wait until your divorce has been finalised.
The Preliminaries
The process of changing your name after a divorce in Australia depends on whether you legally changed your name when you got married. Many couples choose to adopt their spouse’s surname, and most government departments accept your Marriage Certificate as evidence to implement the name change. In this case, you wouldn’t have to register the change of name with Births, Deaths, and Marriages (BDM). However, if you did register the change of name with BDM, you will have to register your request to change your name with them again.
The Paperwork
You will need either an original or a certified copy of your Birth Certificate, Marriage Certificate, and Divorce Order (if applicable) to update your name. If you’ve been married before or have ever been known by another name, you may need to produce evidence of that marriage certificate along with your birth certificate to register your request for a name change. You may also require proof of your divorce for prior marriages.
Prioritise the Process
Start with your driver’s license – this is the most crucial step as most places will require a photo ID to implement your name change. The next step would be your passport, especially if you have travel plans. Remember to change your name on your tickets, bookings, insurance, and ID to avoid any stress at the boarding gate.
Don’t Forget These!
There are numerous places where you might need to update your name. This includes licenses, passports, financial institutions, registrations or ownership, insurances, electoral commission, utilities, subscriptions, employer or education provider, superannuation, Medicare / Centrelink, and clubs, affiliations, and memberships.
Potential Roadblocks
Keep in mind that changing your name in some of these places may require you to fill out forms, and some of them may even incur a cost. There are common reasons why organisations and departments reject name changes. Ensure you don’t have any outstanding debts, previous undisclosed offences, or failures to advise of previous name changes. Your desired name change shouldn’t be restricted or prohibited, and if a change of name has been registered in the last 12 months, you might have to wait the required period before changing it officially again.
What About the Kids?
Changing Your Child’s Surname After Divorce
Marriage and divorce are the most common reasons why a person changes their own name, but separation and divorce can also mean some parents decide to change their children’s surnames as well. In Australia, 96 per cent of children are given their father’s surname when they are born. When relationships go awry, parents may feel it is important to change the child’s name.
In the wake of separation or divorce, it’s not uncommon for a parent to consider changing the child’s surname to include their own, particularly if they have changed their surname post-separation. However, changing a child’s surname isn’t as straightforward as changing an adult’s. It involves certain legal stipulations and often requires mutual agreement between both parents.
Legal Considerations and Requirements
Changing your surname after divorce is a decision that does not need anyone else’s input. However, when it comes to changing a child’s surname, it’s considered a major long-term decision that typically requires the consent of both parents. This is the case even if the court has made orders for parental responsibility. Unless the parental responsibility orders specifically mention changing the child’s name, the name change is unlikely to be accepted without the signed consent of the other parent or an additional court order.
If both parents consent to change the child’s name, the process can be quite straightforward. The parents can make an application to the Births, Deaths and Marriages Registry to formalise the change.
When Agreement Cannot Be Reached
In cases where the parents cannot come to an agreement on the name change, the matter must then be taken to court. However, before filing an application with the Family Court, parents are required to participate in dispute resolution and make a genuine effort to resolve their disagreement through mediation.
When considering whether or not to change a child’s surname, the court will reach a decision based on many considerations, including:
- The reasons for the name change
- The desire of the other parent that the child’s name remains the same
- Whether the proposed surname is double-barrelled (hyphenated)
- Any possible confusion of identity
- The child’s views, depending on their age and maturity
- The effect of the name change on the child’s relationship with each of their parents
- The amount of time the child spends with each parent
- Any short-term embarrassment weighed up against the long-term effects
- Any advantages to keeping the current name.
Ultimately, the court’s paramount consideration is the best interest of the child. Even if the parents have conflicting views, the court will make its decision based on what it believes will most positively serve the child’s wellbeing and future
Navigating the process of changing your name or your child’s name after divorce can be intricate, but with proper understanding and adherence to legal requirements, it is possible to achieve your desired outcome. Remember to seek appropriate legal advice to ensure you have the necessary information and guidance throughout the process.