Yes. Under Australian family law, a person who has legally divorced can revert to their maiden or previous surname. The process is not automatic but is formally recognised under the Family Law Act 1975 (Cth) and the Births, Deaths and Marriages Registration Acts of each state and territory.
In practical terms, a name change after divorce is an administrative—not judicial—process. Once a Divorce Order takes effect, the individual can lodge an application with the relevant Registry of Births, Deaths and Marriages (BDM), supported by appropriate identification and proof of divorce.
While not mandatory, many choose to resume their prior name for personal, professional, or symbolic reasons. Others retain their married surname for consistency with their children or to avoid identity complications.
Legal Process for Changing Name After Divorce
The name change process in Australia is governed by both federal and state legislation. Although procedures vary slightly between jurisdictions, the essential legal framework is consistent nationwide.
To lawfully change your name after divorce:
- Obtain a certified Divorce Order issued by the Federal Circuit and Family Court of Australia (FCFCOA).
- Prepare valid identification — such as your birth certificate, driver’s licence, or passport.
- Submit a name change application to your state’s BDM Registry (e.g., NSW BDM, Births Deaths and Marriages Victoria).
- Provide supporting documentation, typically your Divorce Order and proof of identity.
- Pay the statutory fee, which ranges from approximately AUD $100 to $250, depending on the state or territory.
Once approved, the Registry issues an official change of name certificate, which serves as the legal evidence required to update your records with government and financial institutions.
Required Legal Documents
To ensure compliance with statutory requirements, applicants must submit:
- The Divorce Order or Certificate of Divorce (showing legal dissolution of marriage).
- The birth certificate (verifying the applicant’s original surname).
- Current photo identification (passport, driver’s licence, or Medicare card).
- Proof of address, such as a utility bill or bank statement.
- The completed BDM Change of Name application form.
In some cases, statutory declarations may be required to clarify inconsistencies. If unsure how to prepare these documents properly, find a family lawyer through LegalFinda to assist in drafting declarations and verifying compliance with section 39 of the Evidence Act 1995 (Cth).
Cost of Changing Name After Divorce
The financial cost of legally changing your name after divorce in Australia generally includes:
- BDM application fee: AUD $100–$250 (varies by jurisdiction).
- Certified document copies: AUD $20–$50 depending on the certifier.
- Passport and licence reissue: AUD $80–$325 (for passport replacement).
- Optional legal assistance: Hourly or fixed-fee basis if engaging a solicitor for affidavit preparation or statutory declarations.
While it is possible to complete the process independently, professional legal guidance can prevent administrative delays, particularly when international documents, prior name changes, or citizenship issues are involved.
Is It Mandatory to Change Your Name After Divorce?
No. Australian law imposes no legal obligation to change your name following divorce. Retaining your married surname remains entirely lawful and does not affect your legal rights or obligations under the Family Law Act 1975 (Cth).
However, once a person decides to revert to their maiden name, they must ensure all identification, tax, and banking records reflect the updated legal name to avoid inconsistencies that may complicate future transactions.
Timeline for Name Change
Processing times vary by state, but most BDM registries complete the name change within two to six weeks, provided documentation is accurate and verified.
Following approval, updates to records such as driver’s licence, passport, ATO profile, and Medicare can be completed within days once the new certificate is presented.
Applicants should note that incomplete identity verification or mismatched records between agencies can cause substantial delays.
Changing Name After Divorce: Online vs In-Person
Most Australian jurisdictions now support online applications via official BDM portals. This method is suitable for applicants who possess certified digital copies of identification.
However, an in-person application may be required where:
- The applicant’s divorce occurred overseas;
- Documents require physical witnessing; or
- Additional verification of citizenship or residency is necessary.
Both online and in-person applications are equally valid under Australian law, though in-person filing often ensures faster identity confirmation for complex cases.
Name Change with Minor Children
Changing your own surname after divorce does not automatically change your children’s names. To alter a child’s surname, the process must comply with Part 5 of the relevant BDM Act for your state or territory.
This generally requires:
- Consent from both parents (if both have parental responsibility); or
- A court order authorising the change where consent is not obtained.
Courts assess such applications using the “best interests of the child” standard under section 60CC of the Family Law Act 1975 (Cth), focusing on identity, stability, and continuity of family relationships.
What to Update After a Legal Name Change?
Once a change of name certificate is issued, it is essential to update all relevant public and private records. Common entities include:
- Australian Passport Office (for travel documents).
- State transport authorities (for driver’s licence).
- Australian Taxation Office (ATO) and Medicare.
- Superannuation funds, banks, and insurance providers.
- Electoral roll, Centrelink, and professional bodies.
- Property and title registries, if you are a homeowner.
Failing to update records uniformly can lead to administrative errors, identity mismatches, and legal complications in future dealings.
Can You Change Your Name Before Divorce Is Finalised?
Yes, in limited circumstances. A person may revert to a prior name before the divorce is finalised if they can prove continuous prior use of that name (for example, through a birth certificate or passport).
However, most registries and agencies prefer that the Divorce Order be finalised before processing the change to ensure clarity and prevent disputes over marital identity. In practice, most applicants wait until the Divorce Order takes legal effect under section 55(1) of the Family Law Act 1975 (Cth).
FAQs: Changing Name After Divorce in Australia
Before proceeding with a legal name change, it helps to understand common questions Australians have about the process.
How to Revert to a Maiden Name After Divorce?
You can revert to your maiden name by providing your Divorce Order and birth certificate to your state’s BDM office. Once verified, the Registry will issue a Change of Name Certificate, allowing you to legally use your former surname again.
What Is the Cost of Changing Your Last Name After Divorce?
Fees vary between AUD $100 and $250, plus the cost of reissuing IDs such as passports and licences. Solicitors may charge extra for affidavit drafting if complex proof of identity is required.
How Long Does It Take to Change Your Name After Divorce?
On average, two to six weeks, depending on the completeness of your documentation and processing times at your state’s registry.
Is It Mandatory to Change Your Name After Divorce?
No. Changing your name is entirely optional. Keeping your married surname does not affect your legal status or divorce settlement.
Can You Change Your Name Before Divorce Is Final?
Yes, but it may cause inconsistencies. Most agencies prefer a finalised Divorce Order before approving a new legal name to maintain record accuracy.
LegalFinda: Connecting Australians with Trusted Family Lawyers
Changing your name after divorce may appear procedural, but it carries significant legal, tax, and identification consequences if handled incorrectly. Whether you are restoring a maiden name or updating complex legal records, obtaining expert guidance ensures full compliance with Australian law.
LegalFinda connects individuals with experienced family lawyers who specialise in divorce, property settlements, and identity law. These practitioners assist with document preparation, statutory declarations, and certified copies—ensuring every change is legally valid and recognised across government and financial institutions.
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