Changing your name post-divorce

Originally published on 29th March 2019 at 1:29 PM
Reading time: 5 mins
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They say the three most stressful things in life to endure are bereavement, moving house and divorce. For many, breaking up after a marriage or civil partnership signifies the need to disconnect from the past and begin a new chapter of life – and a name change may just be the perfect place to start.

Is there a right time to change your name after divorce?

The short answer is no. There is absolutely no time limit or legal obligation to change your name and you can change your name at any stage of the divorce process – before, during, after or even years down the road. Although, keep in mind if you’re considering changing your name before you have your final order, you would need to obtain a deed poll.

For those thinking about changing their name before a divorce is finalised, it’s important to consider the practicalities and complications associated with changing a name on shared assets and on divorce proceedings. For many, it’s easier to begin the transition more softly for example, on social media accounts, restaurant and hair appointment bookings.

Whether it’s a no-brainer and you are ready to rip that plaster off and say goodbye to the past ASAP, or you prefer to take your time, evaluate your options and/or assess the situation in the future, it’s always a good idea to ensure this BIG decision is not fuelled out of anger or haste. Weighing your options and careful consideration is important. Who you are known as and how you address others is something that you will face day in and day out, therefore it needs to be right for you.

What are my name change options?

The good news is, that both men and women have several options! Perhaps you’re considering reverting back to your maiden/birth name, contemplating a double-barrel, or even pondering the creation of a completely new surname – whichever route you choose will be determined by what makes sense to you as an individual.

The double-barrel

The double-barrel is a popular “half-way” option, which for women, can offer linkage to one’s children or continuity in one’s professional life. Equally, for men, the double-barrelled surname can echo that same child linkage and create familial continuity. Alternatively, both men and women may wish to remove part of a double-barrelled surname that they entered into upon marriage. Whatever the reason for a double-barrel or removal of, it can be achieved via deed poll.

Going back

This is commonly referred to as reverting to one’s maiden name and can be done without a deed poll. A final order (previously known as decree absolute) entitles a woman to revert to her birth surname and is accepted as documentary evidence by all government bodies and companies across the UK. Although, in some instances, (for example HM Passport office and some banks) evidence of a birth name will also need to be submitted with a name change request – either an original birth or marriage certificate.

Men are also entitled to revert to a birth surname if he assumed his partner’s surname after marriage. The same rules apply to men and women.

Starting Anew

For some one of the most significant ways to symbolise a fresh start post-separation is to create a completely new surname. Leaving the past in the past and starting anew with a brand-new last name could be the ticket to one’s bright new future. This can be done via deed poll.

Titles

Changing a title from Mrs to Ms or Miss is another choice some opt to make. This is completely optional and up to each individual. Some choose to revert to a maiden name but keep the title of Mrs. Bottom, the choice is yours!

Ready for a name change - now what?

The first thing to do is consider your options. Legally, you can start using a new name whenever it feels right for you. This could be immediately or a number of years down the road post-divorce – it’s completely up to you.

Next up, you need to obtain your legal documents. All name change requests after separation or divorce must be accompanied by a legally recognised document – a final order (previously called the decree absolute) or a deed poll. As mentioned, you will also need your original marriage certificate and your original birth certificate in certain instances if you are using a final order (previously called the decree absolute) as your legal document.

Finally, it’s time to start notifying companies and government bodies of your name change. As we mentioned, you can start using your chosen name immediately, but to make it official, you will need to inform entities such as the DVLA, Passport Office and financial institutions. On average, a name-changer notifies approximately 24 different government bodies, local authorities, and companies. That’s a lot of notifications to send out and no easy feat to accomplish! To help you get organised – NameSwitch has created a free downloadable name change checklist.

Name change top tips and key takeaways

Changing your name after divorce or separation is a very personal choice that can be made in your own time at your own pace. Some final things to consider:

  • Seek legal advice before changing your name on any shared assets, debts or accounts that may be part of divorce proceedings.
  • If you plan to change your name before or during divorce proceedings, please make your legal representative aware.
  • Having 2-4 original copies of your legal document (decree absolute/final order or deed poll) will enable multiple name change requests to be sent off simultaneously.

For more information and frequently asked questions on changing your name post-divorce or separation, check out NameSwitch’s helpful post-divorce name change guide.

If you’re ready for a post-separation name change, NameSwitch is here to help you. We offer an array of affordable packages to help you blitz through your change of name after divorce or separation. If you are using your final order (previously called the decree absolute), you can opt for either the ePackage or the Print Package. If you need a deed poll based on the scenarios described in this article, you can opt for our Deed Poll Premium Print Package.

We are here to support you, answer any questions you may have, and get you through this tedious process with ease. And we’ve partnered with amciable to offer £5 off any package. Simply quote AMICABLEFIVE at checkout to apply the discount.

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Lisa Hart
18.12.2020 5:08

I went to apply for a bank account now they won't accept it as im not useing my Madden name as im devorced and useing my marriage name since 1992 now the told me the government changed in 2 3 months so how do I change my Madden last name back and how much dose it cost I have the marriage certificate and the devorced papers thank u