When you have gone through a divorce, it’s common for the individual to want to change their surname. This marks the end of the chapter for the person and can provide closure after the divorce has occurred.
The person may not want to be associated with their former married name. It can also be for professional reasons that they may want to go through changing their surname post-divorce.
You also need to decide whether you want to go for your maiden name or choose an alternative surname when considering how to change your surname after divorce.
This is a personal decision and factors need to be considered if you want to change your surname. The legal process for surname change after divorce varies, but we will go through the practicalities.
Here is what we discuss so you know the steps to legally and practically change your surname post-divorce:
We look at the legal process of changing the surname
We explain the required documentation
What implications may occur with the change of surname
The complications that may happen during the transition
What you need to consider that can affect the surname change
Reasons for Changing Your Surname After Divorce
Reverting to Maiden Name after divorce
When marriage comes to an end, some individuals want to revert to their married name after the divorce. For some people, it helps them to have their identity back.
Practically, the person may already have had some details in their maiden name. A lot of individuals keep their professional identity in their maiden name so this makes the change much easier.
Reverting to a maiden name after divorce also offers recognition. Individuals and companies will often have records with this maiden name making the transition easier.
Choosing a New Surname
You may decide to choose a completely new surname after the divorce. This offers a fresh start for the individual. This can be an appealing option especially if it has been a difficult divorce with mediation.
It can help some individuals to break ties with their former partner and offer a chance for a new identity.
If you do decide on a brand new surname, it can be a longer process and harder when it comes to records. It may also affect your reputation on a professional level.
You will have to make sure the name is legally acceptable and follow procedures to change your surname.
Emotional and Practical Considerations
There can be emotional reasons and practical considerations for changing your surname:
There can be negative connotations connected to the surname of the individual if the marriage ended badly
The individual may want closure from being married and want a fresh start
They may want to regain control of their life
They may want their legal documentation to be in a different surname
They want all financial accounts to be in their name
Legal Process for Changing Your Surname After Divorce
When you want to change your surname legally after divorce, here is the legal process you need to go through:
By Deed Poll
You could legally change your surname by deed poll. A surname change by deed poll after divorce is a legal document that proves your new change of surname. You can either change your name by applying for a deed poll or making an make an unenrolled deed poll.
With an unenrolled deed poll, you need two witnesses and need to make a name change deed which is proof of your new name. Organisations will not always accept an unenrolled deed.
Here is how to apply for a deed poll as discussed on the Gov website:
You will need to get documentation such as your birth certificate and a valid passport to send with your application. You will also need your divorce certificate.
You will then need to submit a change of name deed for an adult, a deed poll statutory declaration for an adult and a notice for the Gazette for an adult.
You then need to post these to the King’s Bench Division and pay the required amount of £49.32
The decision will take up to 8 weeks in the UK.
Once the deed poll has been witnessed, this is then valid. You will receive a certificate
Without Deed Poll
You can change your surname without a deed poll in certain circumstances. You can show those who hold your records the decree absolute and the marriage certificate.
They will often accept this to change your name, especially if you are going back to your maiden name.
The marriage certificate will show your maiden name which will help the transition. If you want to change documents such as bank accounts or the driving licence, this can be done by showing the divorce decree.
In Scotland, you can officially change your name without a deed pole by getting a statutory declaration. This is a formal document that can be witnessed by an authorised person and this can be used in most circumstances to prove your new surname.
Updating Official Documents
Here is a step-by-step guide to updating your official documents and divorce records following a name change:
You need to first get your divorce decree and marriage certificate as well as deed poll certificate.
To change your name on your passport, you have to apply for a new passport and pay for an adult’s passport which is currently £88.50.
Your driving licence will need to be updated through the DVLA. You will have to fill in the document for a new licence as well as send the old licence.
You can contact your bank and make an appointment or contact them in writing regarding a name change.
Required Documentation
Divorce Papers or Decree Absolute: Once you have received the divorce papers, these will show the reason for the name change and will be valid proof of the divorce. These are vital to prove your divorce when trying to change documents. They have details such as the date, the names of the individuals and where the marriage took place.
Marriage Certificate: The marriage certificate is a vital document that shows when the marriage took place. It is also needed when reverting to a maiden name as it will legally state your name.
Other Legal Documents: You will have to show your passport in the circumstances when changing your name. This will prove your nationality and show your official name. If you want to revert to your marital name, a birth certificate is useful for showing your birth name.
Considerations and Implications
Impact on Children
If you have children and want to change your surname, there may be extra considerations to be made. A lot of individuals prefer to have the same name as their children for emotional and practical reasons.
From booking appointments to travelling together, the same surname makes things an easier process. Also, it’s worth considering your child’s feelings.
You could also legally change your child’s name to a new surname. You do need your husband’s permission and those with parental responsibility to agree to a new surname and then you can apply for an enrolled deed pole.
If the person does not agree, you can apply for a court order to change the name. You will have to provide reasons why you want the name changed and the benefits of this. If the family court approves this, you can then enrol with deed poll for the legal name change.
Social and Professional Considerations:
You also need to consider your social identity when changing your surname. If you have had the name for several years, you may have an emotional attachment to the surname.
Your friends or family will know you by this name and it could lead to confusion within friendship groups and the local community.
As for your professional reputation, you may have built a career with that surname. If your brand is under your name, it can lead to difficulties in maintaining your reputation. You may lose your visibility online and networking can be harder.
You will have to re-establish connections and build your reputation with a new surname.
Legal Implications
You need to look at changing a will that has been formed when you want to change your surname. This is vital after a divorce if your wishes have been changed.
You can make official alterations which are known as codicil to change the will. This had to be signed and witnessed to be an official change to your will.
It is also necessary to change your property deeds so that they are still valid. You will need to update your property records by making an application to the Land Registry and sending your documents.
Any business deeds could also be invalid when you change your surname. You will have to get in touch with Companies House to make changes to the business deeds.
Common Challenges
An ex spouse may oppose the surname change, particularly if you want to change your child’s name too. They may not want to have a different surname for the child. If communication can not reach a solution, you would have to get a court order. You could potentially agree on hyphening the name if they do not agree.
The processing of the surname change can have delays for several reasons. Missing or incorrect documents can delay the process. You also may find the verification process can take a while. It’s always worth tracking the process and double checking all documents to make sure everything is accurate and sent off in the first place.
You may find that the process is very emotional for you and your family members. The best guidance is to be honest with others and remember that the decision is yours to make.
FAQs
Can I change my surname without a deed poll?
You can change your surname with some organisations with documents including your divorce decree and your marriage certificate. This can prove your previously married name and will be enough to change the name on the documents. But in some cases, they will only accept an enrolled deed poll.
How long does it take to change my surname?
The process for the deed poll can take up to 8 weeks and can vary depending on various factors. You then need to consider the time it will take to change various documents such as a driver's licence and a passport.
What if my ex-spouse disagrees with my decision to change our child's surname?
You can try and talk to your ex-partner to get them to agree to the name change if you explain your reasoning. If not, you have to apply for a court order and hope this is agreed in court to change the child’s name by deed poll.
Are there any legal risks associated with changing my surname?
Your legal records will not be valid when you change your surname and it’s important to change these such as your driving licence. You also need to consider the contracts and wills you have in place if you want to change the surname.
How do I update my passport after changing my surname?
You have to apply for a new adult passport and will have to send proof of your new surname.
Conclusion
There are many reasons why you may want to change your surname after a divorce. If you do want to do this, here is a reminder of the main steps involved:
You need to consider what surname you want to change to. You could opt for your marital name or a brand-new name.
You need to consider how complications and legal issues of changing your surname.
If you want to change your surname, you need to decide whether to legally go through a deed poll or just show your legal documents.
Once you have changed the name, you need to change documents such as the passport and bank accounts to your new surname.
You should seek professional legal advice to ensure the process is handled correctly. The process can have emotional and social implications and this needs to be considered.
You can always receive divorce help and any support needed with family matters by discussing with Lawhive's divorce solicitors.