Following a divorce or separation, a common question asked by women is concerning changing back to your maiden name after divorce in Australia. Understandably, if you are going through a divorce, there must already be a million things on your mind or things that must get done. Hopefully, this guide makes your life a little easier by providing a simple guide on how to change back to your maiden name after a divorce in Australia.
Have You Legally Changed Your Name?
In most cases, a spouse will elect to adopt their spouse’s surname, which is accepted by government departments and evidenced by your marriage certificate. You will not have to register the change of name with the BDM or birth deaths and marriages in such a situation. However, if your name change was registered with the BDM you must request your name change after divorce.
Have You Ever Been Known By Another Name Or Previously Married?
If you have been previously married, you may need to produce the following evidence:
- Marriage certificate along with your birth certificate to register your request for a name change
- You may also need proof of prior divorces for previous marriages
What Documents Do I Need To Change My Name?
It would be best if you had either the originals or certified copies of the following:
- Divorce Order (Depending on your circumstances)
- Marriage Certificate
- Birth Certificate
If you are a N.S.W resident and need to locate a copy of these documents, please click here.
Where Do I Have To Update My Name?
Changing back to a maiden name after a divorce in Australia will mean you have to update your name with quite a number of institutions. Luckily for you, we have created a checklist for the most common areas you should update your name as soon as possible.
These include, but are not limited to:
- Your bank
- Any Licence(s)
- Passports, travel documents, and visas
- Property and leases
- With your insurance providers
- Registered vehicles or items such as cars, boats and motorcycles
- The Electoral commission
- Any utilities such as a phone bill, electricity, water, gas, internet and so on
- With your education institution, e.g. TAFE or university
- With your employer/place of work
- Centrelink and Medicare
- With your Superannuation provider
- Any subscription services, including items received in the mail, Netflix, Spotify and so on
- Club or organisation memberships
We highly recommend updating your driver’s licence first or another photo I.D such as a passport. This is because it will make your life much easier when updating your details across these other institutions.
It is also important to note that changing your name across some of these institutions will incur costs. This means that you should be aware that these costs can add up very quickly if you are changing your name in multiple areas.
How Do I Change My Children’s Last Name?
In some circumstances, a mother may wish to change their children’s last name in addition to changing back to their maiden name after divorce in Australia.
In Australia, to change the last name of your children consent of both parents is needed. However, it should be noted that if the child is old and mature enough, their wishes and views will be considered.
Alternatively, a child’s name may also be changed in the circumstances where:
- The parenting seeking to change the name is the only parent named on the birth certificate of the child;
- The name changed has been court-approved; and
- The other parent of the child is deceased.
Importance of Seeking Legal Advice
When discussing matters such as changing back to a maiden name after divorce in Australia, it is essential to remember that the steps involved may differ depending on your particular circumstances. To obtain accurate information regarding what actions you should undertake, it is recommended that you seek out the assistance of an experienced family lawyer.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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