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Changing my name after a divorce

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Many people change their surname to match that of their partner when they enter a marriage or civil partnership. But how easy is it to change back? Our Family team looks at the process.

Can I change my name?

It’s possible to change your forename or surname, add names or change the spelling of your name at any time. You could decide to simply be known as an alternative name or you might get married and change your surname to match your spouse’s. Changing your name when entering a marriage or civil partnership is not obligatory.

Will organisations accept my name change?  

Following divorce or separation, it is possible to revert to your maiden name by providing your marriage certificate and decree absolute to organisations including banks and building societies.

However, some organisations will refuse to accept your new name, unless you can provide a change of name deed. This is a legal document that contains specific information. By asking a solicitor to produce this document at the end of the divorce or separation process, you can ensure that the deed complies with the required format, structure and wording.

Is it easy to change my child’s name?

Changing an adult’s name can be a straightforward process, however, changing a child’s surname can be more complex.

To change a child’s name, the written consent of all those with parental responsibility is required. Usually, both parents of a child would have parental responsibility, so the consent of your ex-spouse is needed. This would then be legally affected by the way of a change of name deed.

Will we have to go through court?

If an agreement cannot be reached, the party wishing to change the child’s name would need to apply to court for a specific issue order. Generally, courts are very reluctant to change a child’s name, however, decisions are made on a case by case basis.

The court will require clear reasons as to why it’s in the child’s best interests to change their name. Usually, they don’t want to see the link between the child and their other parent diminished. An argument solely that the child’s name should match the applicant’s will generally not succeed.

An application is more likely to succeed where the other parent has very limited involvement with the child or where a double-barrelled name is suggested, as this reinforces links to both parents. While the court may consider the opinions of the child (depending on their age) the welfare of the child is the court’s primary concern.

Changing the name of a child is case specific and therefore it’s important to seek legal advice if you are thinking of changing the surname of your child.

Harrison Drury has an experienced team of family and divorce lawyers in Lancashire and Cumbria. If you would like to speak confidentially to the team about any family law matter, contact them on 01772 258 321.


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