How do I Change my Name After Divorce?

Some people want to change their name after their divorce. Others worry that it will mean they have a different surname to their children. In some situations, a woman is told to change their name back to their maiden name because their ex-husband doesn’t want them to continue using his surname.

In this blog, our Northwest divorce solicitors look at the law on changing your name and how to go about it if you decide to do so after your divorce.

For expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

Does your surname automatically revert to your maiden name after divorce?

A woman’s surname does not automatically change back to her maiden name upon her divorce. A conscious decision needs to be made.

Our family law solicitors recommend you reflect on whether you want to use a different name than your married name and that you don’t allow yourself to be influenced by the views of your former spouse or family. 

If you decide to change your name for a second time back to your married surname you can do so but it involves more paperwork. That’s why we suggest you consider your options rather than rush into a name change. It is also important to get the timing right. For example, you may not want to change your surname before a planned overseas holiday when your passport will be in a different name to your holiday booking or when you are a few days away from completing the sale of the family home.

Changing your name after divorce 

Anyone in England can call themselves what they want. There is no property in a name. By that, we mean that if you want to keep your husband’s surname after your divorce you are free to do so. There is nothing he can do to stop you. Equally, you can change your first name, your surname or both names or revert to using your maiden name.

How to go about changing your name

You can call yourself what you want but you are likely to need evidence of your change of name. For example, if you want a new passport, to transfer your bank account into your new name or to buy a property. 

If you are changing your surname back to your maiden name some institutions will accept your birth certificate, marriage certificate and final divorce order as sufficient evidence. Others may want a formal change of name deed. Our family law solicitors can prepare the change of name deed for you. We will ensure you receive sufficient certified copies so you can use the certified change of name deed with institutions such as banks, building societies, your employer, the DVLA and the passport office. 

If you have a Will, you should keep a copy of your change of name deed with your Will and other important documents. When you get divorced you need to update your Will so it is sensible to sign your change of name deed before you sign your new Will. Our private client solicitors can advise you on your Will and your lasting power of attorney. 

Registering a change of name deed

You can register your change of name deed but there is no legal requirement or need to do so. An unregistered change of name deed document is referred to as ‘unenrolled’ and a registered one as ‘enrolled.’ Enrolling the deed involves an application to the Royal Courts of Justice and payment of a fee. Your change of name is then a matter of public record.

Changing a child’s surname 

Your decision to change your surname after your divorce may be influenced by whether your child can change their surname. A child can change their surname with the agreement of their parents and anyone else with parental responsibility for the child. If a parent or other person won’t agree to the name change an application can be made to the family court for a specific issue order. In a specific issue order application, the judge decides on the child’s surname after considering the child’s best interests.

Where a name change is agreed or the court orders a change of name a parent can sign a change of name deed on behalf of their child.

The fact that a parent is not paying child support or a parent is not having regular contact does not mean that the court will order a name change. The court looks at the application from the perspective of the child and whether a name change would be confusing or beneficial. 

Our family law solicitors can advise you on all aspects of parenting your child after a separation or divorce including advice on residence and contact, applying for a child arrangement order or reaching a parenting agreement through solicitor negotiations or in family mediation.

 For friendly expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.