Changing names after separation or divorce is a personal decision and a significant step for many individuals.

In Australia, the process and legalities surrounding name changes during or after divorce are often misunderstood. Here we clarify the procedure and legal considerations for changing your name in the context of family law and divorce in Australia.

The legal perspective on name changes

No legal requirement to wait for divorce: In Australia, there is no legal requirement to wait until the divorce is finalised to return to using your maiden name. You can start using your preferred name at any point (right away if you wish).

Marriage and name change: If you took your spouse’s name when you married, you assumed your spouse's name. As this is not a formal legal name change, reverting back to your maiden name does not require a formal legal change.

Documentation for reverting to maiden name: If you're reverting to your maiden name, you usually need your birth certificate and marriage certificate. These documents serve as proof of your entitlement to use either name.

Process of changing your name

Changing to a new name: If you wish to adopt an entirely new name to your maiden or married name, you will need to apply for a legal name change with your state or territory's Births, Deaths, and Marriages Registry.

Updating personal documents: Once your name changes, you’ll need to update all your personal documents and records including your driver’s license, passport, bank accounts, and utility records.

Considerations and advice

Notifying relevant parties: It’s important to inform all relevant parties of your name change to ensure legal documents and personal affairs are up to date.

Emotional considerations: Changing your name can be emotionally significant. It's important to consider your feelings and the potential impact on your identity and sense of self. 

Children’s surnames: Changing a child’s surname is much more complicated. It involves additional legal considerations and process. Written consent of both parents of the child named on the birth certificate is usually required to change a child’s birth name. In certain situations, where a parent is given sole decision-making responsibility (sole parental responsibility) and the Court accepts that the name change is in the child’s best interest, it can occur without the consent of the other parent.

The divorce process and name change

During divorce proceedings: You can start using your maiden name or a new name at any point during the divorce proceedings, including without needing the divorce to be finalised.

Finalising divorce: After the divorce, if you decide to change your name legally (to a new name), the divorce order (decree) is evidence of your change in legal relationship status.

For those considering a name change, especially when it involves children, consulting with a family law professional is advisable. They can provide guidance and ensure that all legal aspects of the process to change a child’s name are properly addressed, provide advice about whether a Court would be likely to approve a name change application and help ensure the process is smooth.

Contact our team for a confidential discussion about your situation and let us help guide you to into your new chapter.