Can you change your name after divorce, and can you change your child’s name?
Can a spouse keep their surname or change it after divorce? Can a child's name be changed?
Many people choose to revert to their maiden name or a previous surname after divorce, but there is no legal requirement to do so, it is a personal choice. There is no automatic change of name when you divorce; you need to take action if you want your name to change.
This can be done in several ways-
· If reverting to your maiden or previous name, you can use your marriage certificate and the final order of your divorce as evidence. Most organisations, such as the passport office or banks, will accept these documents as proof of your name change.
· By Deed poll if you are changing your name to something other than your previous or maiden name, you can do so via deed poll(a formal legal document for changing your name). This can be done during the divorce process if you do not want to wait until the divorce is finalised.
After changing your name, it’s important to inform official organisations.
The decision to change your name or keep your married name is entirely up to you and can be made at any stage—before, during, or after divorce.
The change of a child’s name is different than for adults as specific rules and processes must be followed, which include -
· The consent of all people with parental responsibility is generally required to change a child’s legal name if the child is under 16. If everyone with parental responsibility agrees, the process can be completed via deed poll.
· If consent cannot be obtained, it is necessary to apply to the court for a specific issue order for permission to change the name. The court will consider if the name change is in the child’s best interests, as it is seen as an integral part of their identity.
If the child is 16 or 17, they can generally consent to their own name change.
A child’s birth certificate itself will usually not be changed, but the deed poll acts as legal proof of the new name for identification purposes.
If you would like to discuss name change issues in mediation, or find out more about how mediation can help, contact us hello@familymandm.co.uk
