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When can you change your surname after separation?
A common question that we get from clients is when and how they can change their surname after they have separated from their former spouse or, some people assume that they have to be formally divorced before they can change their surname.
Changing your surname: it's a personal choice
Changing your surname following a marriage breakdown is a personal choice. Some people prefer to keep their married name whereas other people would prefer to revert back to their maiden name. You can revert to your maiden name, or previous surname, at any time.
No central place to change your surname
There is no one central place or government agency where you can change your surname back to your maiden name as different agencies will have different requirements for the documents that you have to provide.
Steps to revert to your maiden name
The easiest way you can revert back to your maiden name is to:
- Obtain necessary documents
Obtain certified copies of your birth certificate, marriage certificate and Divorce Order.
- Update your identification
Attend your State or Territory’s department of transport registry with your documents and have your driver licence or proof of age card updated to the surname that you wish to use.
- Apply for a new passport
Contact the passport office and make an application for a new passport. You can generally have the passport fee waived if you can provide your marriage certificate and copy of your Divorce Order.
- Update relevant agencies
Once you have your new photographic identification issued to you, you can then go about updating your name with any other relevant agencies for example, your bank, your employer and your superannuation fund. You should also consider any overseas travel that you may have booked and planned as you may need to reapply for certain visas and travel documents in your new legal name (depending upon the country you are travelling to).
No need to register name change with the Registry of Births, Deaths and Marriages
If you are only reverting back to your maiden name, then there is no requirement for you to formally register your change of name with the Registry of Births, Deaths and Marriages.
Your choice, not your ex-spouse’s
Sometimes, your ex-spouse may want you to revert to your maiden name but you might not want to and in that case, you do not have to. It is also important to note that whilst you can change your own name, you cannot unilaterally change your child or children’s surnames without the consent of the other parent. If you do not have the consent of the other parent, then you need to obtain an order of the Court permitting you to do so without the other parent’s consent. You should obtain further legal advice if this is something that you are considering.
Update your legal documents
It is important to also make sure that you update your Will and Enduring Power of Attorney (if you have one or both of these already) to reflect your correct legal name. If you do not have a Will and/or Enduring Power of Attorney, then it is also important that you provide your solicitor with instructions to prepare those documents.
Seek legal advice
If you intend on applying for a divorce, then we strongly recommend that you obtain legal advice to discuss your options. Contact our office to make an appointment with one of our solicitors to discuss your circumstances and obtain advice on your situation on (07) 4963 2000 or through our online contact form below.