Hello
everyone
Often
I am asked by people "do I have to change my name". The question is asked both before couples get
married and when they separate and divorce.
The
answer is simple. Women who marry have
the choice. They can use their maiden
name. They can use their married
name. They can use both names (for
example one professionally and one socially) or they can combine/hyphen the
two.
When
women separate, they do not have to go back to their maiden name. Once again they can choose. If women remarry they can continue to use the
name of their first husband rather than their second husband, and many women do
this if they have children to their first marriage.
I
have been asked by male clients if they can insist that their former wives
change their names at the end of the marriage.
Unfortunately they cannot. It
remains the choice of the wife.
For
a married woman to change her name she simply needs a copy of her marriage
certificate. She does not have to
formally register her new name.
If
you do not marry you cannot just assume the name of your de facto. If you want to use your de facto's surname
you will have to make an application to Births Deaths and Marriages to change
your name.
It
is far more difficult to change the surname of a child. If both parents' names are on a child's birth
certificate then both must agree to the name change. A child's name cannot be
change unilaterally. It can't be
hyphenated after it is registered unless both parents agree. If both parents do not agree, notwithstanding
that one parent has no role in the life of the child in question, then to
change the name you will need to obtain an order of the court.
As
always please feel free to comment on this or any other of my blogs. I
would also be happy to respond to any questions you may have on this topic.
If
you have any further queries please feel free to contact me directly at
Septimus Jones & Lee on (03) 9613 6555
