Is it illegal to keep your married name after divorce in Australia?

Many people choose to change their name for various reasons – personal choice, marriage, or separation. It is important to remember that names are not legal property – you cannot be forced to keep or change your name, and you can choose to keep a surname taken 'in marriage' too. It is entirely up to you.

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Can I keep my married name after divorce Australia?

If you were married in Australia, you don't generally need to apply to change your name with us. The same applies if you choose to go back to your previous family name due to separation, divorce or personal choice.

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Do you have to change your name after divorce Australia?

Change back to your previous family name

If you married in Australia and took on your spouse's name, you can go back to your previous family name. (This might be due to separation, divorce or personal choice. You don't need to have separated or divorced.) You don't need to apply for a change of name with BDM.

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Can I keep my married name if divorced?

If you never formally changed your name after marriage, there is no need to change your name after divorce. This is the case for many couples. A formal name change requires you to register your new married name with the Department of Births, Deaths and Marriages.

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Can I use both maiden and married name Australia?

Use both your original/maiden last name and your spouse's last name in different circumstances. For example, Michelle may want to continue to be known professionally as Michelle Jones, but personally, she may choose to update her passport, driver's license and bank accounts to Michelle Williams.

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Australian Lawyer - How to get a divorce in Australia if married overseas?

28 related questions found

Can a divorced woman use her maiden name?

The choice of whether to change your name after a divorce is entirely yours. You can keep your married name, return to your birth name, choose a new name, or drop your last name altogether. The reasons you keep or change your married name will be your own, as well.

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Can you use a different name without legally changing it in Australia?

It's not illegal to start using another name without registering the change. You can legally use any name you want, as long as you don't use a name to try and commit a crime, like fraud. Changing your name without formal registration can cause problems with official documents.

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Does your last name stay the same after a divorce?

Although you don't have to revert to your pre-marriage name after you divorce, some individuals choose to change their name as part of moving on. On the other hand, some divorcees choose to keep their married name so that it's the same as their children's.

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Can you be married and keep your name?

You don't need to do anything if you marry and want to continue using your maiden name - you aren't changing your name.

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Can I use my ex husband's name?

Broadly speaking, any individual is allowed to go by such surname as they wish to. The only evidence that will be required will be the Deed Poll. As such, there is no way in which, say, a husband, can insist that a wife change the surname that they had adopted on marriage when they divorce.

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How do I change my surname after divorce in Australia?

If you need or want to change your name legally you can apply to the Department of Justice and, specifically, the Registry of Births, Deaths and Marriages. You will need to complete an application form, provide the relevant supporting documents and pay the name change fee.

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How much does it cost to change your name in Australia?

The fees to register a name change and apply for a change of name certificate: $185 Lodgement fee for Application for Registration of a Change of Name. This fee will be retained regardless of the outcome of your application. $53 Change a child's name within 12 months of birth (includes replacement birth certificate)

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Can I revert to maiden name after divorce?

What if I want to revert to my maiden name? You don't need to formally change your name through a deed poll if you'd like it back. You can simply start using it again. You should contact important organisations to let them know that you wish to be known by your birth name.

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How long after divorce can you remarry in Australia?

Under Section 59 of the Family Law Act 1975, you may remarry in Australia once your divorce has been finalised. This usually occurs one month and one day after your divorce hearing.

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How long does it take to change your name in Australia?

Successful applicants receive their legal name change or amended birth certificate anywhere from 2 – 14 weeks later (correct at the time of writing, BDM offices have wildly different processing times). Make around 5-10 copies of your certificate and have up to half certified.

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How do I legally change my name after marriage in Australia?

If married in Australia, you can take the surname of your husband, wife or partner or add their surname to yours, without registering a name change. You can use your official marriage certificate to prove your new name.

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What do you call a married woman who keeps her maiden name?

“Mrs.” is the proper title for a married woman whether she has taken her spouse's last name or not.

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Can a woman get married and keep her maiden name?

Before getting married, many women begin to ask themselves if when not changing their name after marriage is acceptable. When you marry you are free to keep your name or take your husband's name but one thing is clear—it's absolutely your choice in most states and countries around the world.

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Why you should keep your last name?

You won't have to change your things

Keeping your own last name might just be a simpler practical solution, even just for the ease of knowing that your name can stay yours and you won't have to navigate the weird in-between period where half of your business cards have one name and half have another.

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Why does my ex wife still use my last name?

It may be hard for you to see it, but most ex-wives don't keep their ex-husband's last name simply to be a source of constant irritation. Continuity with children — One of the most common reasons an ex may keep your last name is to keep her name the same as any children.

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What does full maiden name mean?

Britannica Dictionary definition of MAIDEN NAME. [count] : a woman's family name before she is married. After she divorced, she took back her maiden name.

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What happens to last names after marriage?

In most states, you have the option to take your spouse's last name, hyphenate your last name, use two last names without a hyphen, or move your maiden name to your middle name and take your spouse's last name.

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How many times can you legally change your name in Australia?

CBS can accept one name change every 12 months, and you can only change your name three times in your lifetime. Permission from the relevant authorities is required for: serious sex offenders. serious violent offenders.

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When can you legally change your last name in Australia?

You must: be 18 years of age or older. provide proof of identity and residency and. disclose any criminal records.

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Do I need to register my marriage in Australia?

Your authorised marriage celebrant will give you a certificate of marriage on the day. This is a ceremonial certificate of your marriage. Your celebrant must then (within 14 days of the marriage) submit your marriage paperwork to the registry of births, deaths and marriages in the state or territory you got married in.

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