Changing your name is a deeply personal choice, but it can also be an opportunity.
Reverting to your maiden name can help you reclaim your own identity and prepare for a new start. Of course, you can also change your name for many other reasons – divorce or separation is just one of them!
If you’re keen to learn how to change back to your maiden name post-divorce (or anytime!), read on. Our guide will walk you through the steps.
When can I change back to my maiden name after divorce in Australia?
Changing back to your maiden name after divorce in Australia can happen at any time. You don’t have to wait until you’re divorced or even separated.
In fact, as long as you’re over 18 years of age (or 16 in Tasmania), you can apply for a name change.
Guide on how to change back to your maiden name
When you’re ready to change back to your maiden name, here are some things to consider and steps to take.
1. Did you legally register a name change?
In Australia, many couples adopt their spouse’s surname without legally registering it with Births, Deaths and Marriages (BDM). This is absolutely fine. And in this case, there’s no legal requirement for a formal name change to revert to your maiden name.
In fact, you can generally action any name change back just by using your birth certificate, though in some cases you might need a change of name certificate.
However, to avoid difficulties, it’s often a good idea to register the name change with BDM anyway.
If you did officially register your name change with BDM, you will also need to change your name back via an application to BDM.
2. Documents you need
Changing back to your maiden name after divorce in New South Wales is generally straightforward. All you really need is an original or certified copy of your birth certificate and/or a change of name certificate issued by the NSW BDM. You will also need to advise of any previous names that you’ve gone by or used in the past.
3. Understanding NSW rules and limitations for changing your name
In NSW, you can only change your name once every 12 months and are limited to only three times over your lifetime. You also need to be 18 years old to change your name without parental consent.
Other states will have their own nuanced rules and limitations. You can review these on the BDM websites of those states:
4. Update your name change on all documents
Once you decide to revert back to your maiden name, you will need to make sure this change is done across all the institutions in your life. For every person, this may be different. But you should consider making changes to:
- Identification documents like a driver’s licence and a passport
- Any visa or travel documents
- Banking and financial institutions
- The electoral commission
- Vehicle registrations
- Superannuation accounts
- Legal documents, such as wills and trust arrangements
- Insurance
- Utilities, such as phone, internet, electric and gas
- Subscriptions
- Medicare and Centrelink
- Employer or education provider
- Clubs, affiliations and memberships
This isn’t an exhaustive list, but it’s a great place to begin. Start with your identification documents first, because this will make the rest of the updates just a bit easier as well.
Potential problems with a name change
Some institutions will require you to fill out forms, provide forms of proof, and even pay an administration fee. That’s not a big deal, but it can be a bit of administration.
You may also find yourself facing the situation where your name change is rejected. If this happens to you, don’t panic! You likely just need to provide additional information or proof of the name change.
If you’ve already changed your name once in the last 12 months in New South Wales, you might also have to wait until the time period is up to ‘officially’ change back to your married name. Most other states and territories also have a 12-month rule.
Changing a child’s name
There are times when you may want to have your child’s name changed. This is something that is sometimes done when a parent remarries or a child is adopted by a non-biological parent.
However, in most cases, a child’s name change will require the consent of both parents since it’s considered a major decision or a court order allowing for the change.
Every situation is unique – our family lawyers are here to help!
Reverting to your maiden name is more than an administrative process — it can represent independence, clarity, and a fresh chapter. While the legal steps are usually straightforward, the practical implications can be broader than many people expect, particularly when updating financial accounts, legal documents, or considering a child’s name change.
Every family law matter carries its own nuances. If you are navigating divorce or separation and would like guidance on changing your name, parenting arrangements, property settlement or any other related issue, the experienced team at Watts McCray Lawyers is here to assist. We’re here to help you make the changes you need, including changing your name, and bring some clarity and ease into the divorce and separation process.
