Changing your name after marriage, separation or divorce
If it’s time to move on, and you need help applying for a divorce, call us now on 1300 654 590 or email us. You will be put straight through to a great lawyer, who’s seen it all before.
What are the requirements to change your name after (a) marriage, (b) after a separation or marriage break down or (c) simply because you feel like it?
Do I need to apply to Birth Deaths and Marriages to change my name?
Reputationally, you can go by any name you choose. Many of our clients originally from overseas have anglicised their names after coming to Australia and prefer to be known by that name. However, generally, your legal documents (passports, licence, bank accounts etc.) must reflect the name on your birth certificate – this is your legal name. The only exception is if you were married in Australia. If you were married in Australia you can assume your spouse’s name and change your name on these official records without an application to Birth Deaths and Marriages (BDM). Simply notifying relevant organisations and providing your marriage certificate is usually sufficient. If, you would like to revert to your legal name (as recorded on your birth certificate), the approach is similar. No formal registration or application with BDM is needed. Generally, it is sufficient for you to inform relevant agencies and institutions that you are reverting to your original surname. To have any name other than your legal or married name recorded on these legal documents, you will have to produce a BDM issued legal name change certificate or amended birth certificate.
The requirements to change your name will differ between States and each organisation. Generally, you only need to prove the link between you married and prior name. However, each agency, institution and organisation concerned may have a different process to record the name change which can vary from completing a form or paying a small fee, all the way to requiring you to attend in person to provide your original birth certificate and original marriage certificate.
Some organisations, including the Passport Office, will require a divorce order to make the change to their records. Applying for a divorce can be a relatively simple and straightforward process and requires you to have separated for at least 12 months. More information on the divorce process can be found here. Once you receive your divorce order, you can provide this to any organisation and request your name be changed.
Completely changing your name and adopting a new one requires an application to BDM.
What about the children’s names?
If you have any minor children with a former partner, you will need to obtain the consent of the other parent to change their names. If the other parent does not provide consent to changing the children’s names, you need to seek a court order approving a name change for the children.
Who do you need to contact about a name change?
There are many different documents and organisations which may need to be informed about your name change including (in no order of priority):
- Your employer;
- Your superannuation fund;
- The Department of Transport (so you can get a new driver’s licence);
- The Australian Electoral Commission;
- Medicare;
- Passport Office;
- Financial Institutions;
- Utility providers; and
- Any organisation that has property registered in your name.
We recommend your priority should be to obtain identification documents issued in your new name, namely a passport and driver’s licence.
How we can help
Of course, a name change is just one thing to think about when you are separating or considering divorce. If it’s time to move on and you need advice about the legal ramifications of a relationship breakdown, call us now on 1300 654 590 or email us. You will be put straight through to a great lawyer, who will be able to get you started on the road to your new life.
The information contained in this post is current at the date of editing – 05 September 2024