Can I keep my married name, can I change my name after divorce, will I be forced to change my name? These are just a some of the myriad of questions you might have about what happens to your name during the divorce process. Here as some of the things you need to know in a nutshell about your name in divorce and what the rules that govern how you change your name after your divorce or civil partnership.
Can I keep my married name or do I have to go back to my maiden how to name?
The short answer to this question is yes, you have the right to assert which ever name you want to use at any point. If you wish to keep using your maiden name for practical purposes for work, you feel it is part of your identity after being known by that name for years or your wish to continue having the same name as your children, it is your prerogative as to keep using it. Your ex-partner cannot force you to change your surname or make you keep it.
What if I want to revert to my maiden name, can I change it after divorce?
As above, if you would like to start using your maiden name you can simply start using it again. There are however practical considerations that must be taken should you wish to change your name in terms of your day to day living, this can include changing your passport, driving licence and bank accounts. To ease the transition of going back to using your maiden name the most sensible course of action would be to change the name on your passport first as this can then be used as proof of your identity when changing your name with any other organisation.
For most organisations to change your name after your divorce you will need to present the following documents: –
- Original or certified copy of Marriage Certificate;
- Original or certified copy of birth certificate; and
- Final Order or Decree Absolute.
If for whatever reason you have misplaced one of the documents detailed above you can request a further copy for a nominal fee of £11 (which will be sent within 4 days) or an express fee of £35 (which will be sent the next working day); you can order the certificate using the following link: – https://www.gov.uk/order-copy-birth-death-marriage-certificate
Can I change my name during my divorce?
The short answer again is yes, you can change your name during the divorce process. Should you wish to change your name legally at any point you can enrol for a Deed of Name, this can be undertaken at any point and is not contingent on you getting a divorce; you can find further information on this process using the following link: – https://www.gov.uk/change-name-deed-poll
If you seek to change your name during your divorce, and have done via Deed Poll it is imperative that you advise all parties to your divorce, particularly your lawyers so they can notify the court of your intentions. Failure to do so may place your divorce in jeopardy, as your Conditional Order/ Final Order will have likely been granted under your old name and therefore to a person who legally no longer exists. Such a scenario could prove a costly mistake and will add unnecessary heart ache and delay.
As you can see there are common pitfalls that people often fall foul of during the divorce process, should you any questions about getting a divorce or the divorce process entails please do not hesitate to contact a member of our specialist divorce team and we will be happy to assist.
