Changing Your Name After Divorce

In this blog, FLiP’s paralegal Stephanie Dodman looks at the legalities surrounding changing your name after a divorce or civil partnership and also whether it is possible to change your child’s name, if inclined.

In England and Wales, you do not have to follow a specific legal process to start using a new name, you can simply just refer to yourself informally with a different name. If, however, you want to legally change your name on official documents like your passport or driving licence you do need to be able to produce certain documents in order to do that.

How do I change my name if I marry or enter into a civil partnership?

To change your name if you marry or enter into a civil partnership, all that you will need is the marriage or civil partnership certificate. You will need to provide the company you are registering your name change with (for example, a bank or government entity) with either a certified copy of your certificate or the original. The company may also have their own requirements to change your name so you will need to check that with them.

 How do I change my name upon a divorce or dissolution?

Returning to your maiden or previous name after a divorce or dissolution is straightforward and requires little in terms of documentation or procedure. If you wish to return to your maiden or previous name all that is required is your Decree Absolute, now known as a Final Order and a certified copy of your marriage certificate. You will likely need to provide the relevant body with a certified copy of the Final Order (previously Decree Absolute) and a certified copy of the marriage or civil partnership certificate. You will need to provide the company you are registering your name change with (for example, a bank or government entity) with either a certified copy of the Final Order (Decree Absolute) or the original. The company may also have their own requirements to change your name so you will need to check that with them.

 What if I want to change my name before I receive the Decree Absolute or Final Order, can I do this?

Yes, you can change your name prior to the end of your divorce, but you will need to draw up or have a solicitor draw up a change of name deed documenting your current name and the new name that you would like to be referred by. There is specific wording which should be used when making a change of name deed. The document must then be signed in the presence of a solicitor, and you will need to obtain certified copies. You will likely incur costs for the drawing up of the document, the witnessing and obtaining of certified copies so it is worth weighing up this cost against waiting for the Final Order. You will need to provide the company (for example, a bank or government entity) with a certified copy of your change of name deed. The company may also have their own requirements to change your name so you will need to check that with them.

What if I don’t want to return to my maiden or previous name, can I change it to something completely different?

Yes, you can. There are a couple of options available for changing your name to something different.  You or a solicitor can draw up a statutory declaration (change of name deed) or you can complete a court application for an enrolled deed poll.

The statutory declaration (change of name deed) is discussed above and is simply a written document which documents your previous name and the name you wish to be known by. There are also fewer procedural steps which must be taken with this option and it is often quicker.

The enrolled deed poll takes the form of an official application which must be completed and lodged with the Royal Courts of Justice and there is a fee to be paid. The enrolled deed poll takes longer and there are specific procedural steps and requirements that must be carried out in order for the court to deal with the change of name. There are not only requirements that must be met by you, but there are also requirements that must be met by one of your witnesses. Other than the format and the procedural steps, the main difference between an enrolled and unenrolled deed poll is that the change of name with an enrolled deed poll becomes a matter of public record.

Again, you will need to provide the company (for example a bank) with a certified copy of your change of name deed or enrolled deed poll. The company may also have their own requirements to change your name so you will need to check that with them.

Can I change a child’s name?

Yes, you can. A child’s name can be changed legally and formally by either a statutory declaration or an enrolled deed poll. However, consent is required from everyone that has parental responsibility for the child before a name can be changed, or failing that an order of the court. If you are unable to obtain the consent from the other person who has parental responsibility you can make an application to the court, to ask for the court to consider and grant the change of name. If you are changing the name of a child between the ages of 16-18 via an enrolled deed poll the court will require proof that the child gives their consent the change too.

Stephanie is a paralegal at Family Law in Partnership. She provides support to both the lawyers and the legal assistants at the firm. She acts as the central liaison with the Courts and is able to attend Court and tribunals on behalf of clients. 

Stephanie attends client meetings and conferences with counsel when required, and carries out specific research tasks on behalf of the lawyers.