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Home / Getting a Name Change After Divorce

Getting a Name Change After Divorce

  • Divorce & Family Law
  • John
  • 10 August 21
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Following a divorce or separation, women often wish to change their name back to their family name or maiden name.

The purpose of this article is to provide a quick guide for the typical scenario that is how to get a name change after divorce.

If You Have Legally Changed Your Name

Most of the time, a spouse usually chooses to adopt their spouse’s surname, which is accepted by government departments as evidenced by your marriage certificate. If this is the case, you will not have to register the change of name with the BDM or birth deaths and marriages. However, if your name change was registered with the BDM, you must request your name change after divorce.

Changing The Names Of Your Children

To change the name of your child in Australia, the consent of both parents is needed. However, it should be noted that if the child is old and mature enough, their 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 or;
  • The other parent of the child is deceased or;
  • The name changed has been court-approved

Where You Should Update Your Name

It may initially seem daunting, but changing your name back to your maiden name or changing your child’s name will mean you have to update it across quite a few areas. Below is a list of the most suitable places where your name should be updated as soon as possible:

  • Any Licence(s)
  • Your bank
  • Any insurances
  • Passports travel documents and visas
  • Property and leasers
  • Registered items or vehicles such as cars, motorcycles and boats
  • Electoral commission
  • Any utilities such as a phone bill, electricity, water, gas, internet and so on
  • With your employer
  • With your education institution, e.g. TAFE or university
  • Superannuation provider
  • Medicare and Centrelink
  • Any subscriptions such as items received in the mail, Spotify, Netflix etc.
  • Your memberships with any clubs or organisations

This list is by no means exhaustive but is a good starting point checklist.

How Long Does It Take To Get A Name Change After Divorce?

The processing time of a name change after divorce commences once a completed application, which is correct, has been received.

The wait time will vary slightly depending on the mode in which the application is submitted. An online application is generally the quickest, where the standard service takes up to 10 weeks and the priority service up to 4 weeks.

The other options are either through post or registry agents (Service NSW), where the standard service takes up to 12 weeks and the priority service up to 5 weeks before. However, it should be noted that during the coronavirus pandemic, these wait times will be longer given the postal delays.

Click here to get started on your change of name application.

Importance of Seeking Legal Advice

It is important to note when discussing the topic of a name change after divorce what is required of you will be different depending on the scenario. To find out what is needed of you in your circumstances, you should consult a family law practitioner.

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.

More Articles

Suppose you have any more questions about getting a name change after divorce or other family law matters. In that case, you should head over to our blog section for more informative articles on a wide range of family law topics.

Alternatively, here are our newest articles linked below:

My Partner Is Not Complying With Court Orders

What is Spousal Maintenance in Australia With Examples

A Guide on Affidavits for eFiling Applications (Divorce)

Our YouTube

For more informative content on family law topics related to divorce or separation, please check out our YouTube Page, or watch some related videos to getting a name change after divorce linked below:

Assets Overseas and Going through a Divorce?

Who gets parental responsibility in a divorce?

澳洲离婚步骤

About the author

John Bui

John has over a decade of experience in family law and commercial litigation which often sees John being called to provide expertise in matters that have an international element involving complex company, trust, partnership and valuation issues. He also advises and appears in matters involving the Hague Convention both at first instance and on appeal.

About the author

William Wang

William is a seasoned litigation lawyer with over 15 years of experience. With his extensive knowledge in litigation across various platforms, including appellant, family litigation, commercial litigation, and judicial review at the migration tribunals and federal courts, William has become a trusted expert in his field.

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