How To Change Your Name After Divorce

Accredited Family Law Specialist and TGB Partner Jane Miller writes about the process of changing your name after divorce in South Australia.

It remains a popular practice in Australia for women to adopt their husband’s surname at the time of marriage.  But what happens in the event the marriage breaks down and the couple separate? How does a woman revert to her maiden name at the time of the divorce?

How do you change your name at marriage?

In South Australia, upon marriage it is possible for a woman to adopt her husband’s surname without having to officially change her name.  This is achieved by the woman producing a copy of her marriage certificate to all institutions she has contact with, such as the Department of Transport, her banks and any utility company.

The process of a woman adopting his surname by way of marriage can be contrasted to changing your name by deed poll.  If a person wishes to change their name for reasons other than marriage or divorce, then it is necessary to make an application to register a change of name at the South Australian Registry of Births, Deaths and Marriages.  Upon meeting the requirements of the application, a change of name certificate will be issued by the Registry.  This certificate provides evidence of a person’s new legal name, in much as same way as a birth certificate does.  In the event a man wishes to use his wife’s surname after marriage, then the registry recommends that he formally register a change of name deed poll for it to be recognised.

What happens after separation or divorce?

If a woman has adopted her husband’s surname at marriage but has not changed her name by deed poll then reversing to her maiden name is a straight forward and simple exercise.  If she has divorced her husband, then she may produce a copy of her divorce certificate to all institutions she has dealings with, such as the Department of Transport, her bank and utility companies.  It is possible that each institution will have specific but simple formalities for her to satisfy before recognising her maiden name, although the production of her divorce certificate is the only evidence she should be required to produce to initiate the change.

In the event the woman is not yet divorced from her husband (noting that they must be separated for at least 12 months before they can file a divorce application), then in lieu of the divorce certificate she should produce her birth certificate showing her maiden name and her marriage certificate, and explain that she wishes to return to using her legal birth name.  Once again these certificates should be produced to the types of institutions noted above.

In the event the woman has changed her surname at marriage by deed poll, then if she wishes to revert to her maiden name after separation she will be required to make a fresh application to register a change of name at the registry.  Likewise, if a husband has adopted his wife’s surname at the time of marriage by deed poll, and then wishes to revert to his birth name, he will also be required to make a fresh application to register a change of name.  Upon the registry issuing the change of name certificate then this may be produced as evidence of the new legal name.

Other Considerations

It is important to remember that the Australian Electoral Commission should be notified of any change of name as well as any government authorities such as Centrelink, Medicare and the Passports office.

What about children names?

It is important to note that even though a mother may revert to her maiden name after separation this does not automatically change the name of the children born of that marriage.  If consideration is to be given to changing a child’s surname after separation and that amendment is not agreed by both parents, it is advisable to seek legal advice as to your options in that regard.

For more information, visit www.ocba.sa.gov.au regarding the Registry of Births, Deaths and Marriages.

TGB is South Australia’s largest family law firm. For advice about your family and divorce issue contact your nearest TGB office.