Changing your name after a divorce

When a couple gets divorced, it can be assumed that if you changed your surname when you married, it will automatically revert back to your maiden name when you divorce. However, this is not the case.

To change back to your maiden name after divorce, you can use your decree absolute and marriage certificate, or apply via deed poll. Changing your name on your passport requires additional documentation.

Changing your surname after divorce 

There is a longstanding tradition relating to a woman taking the name of her husband after marriage, but it is now enshrined as a human right that individuals can change their name.

Following a divorce, some people may decide to retain their married name so that they have the same name as their children (a child’s surname does not change just because the mother changes hers). Keeping the same surname can make travelling with children easier, since border control will challenge anyone travelling with a child that does not share their surname. 

Furthermore, if you have built up your professional reputation using your married name, you may wish to keep it for ease.

However, it is becoming increasingly common for people to want to change their name following a divorce, often to symbolise a new chapter in their lives. 

Changing your title 

If a person wishes to change their title following divorce, then this can be done without using any formal procedure. It is only where the actual surname is to be changed that the person needs to take certain actions. 

how to change your surname after divorce

If you wish to change your surname after divorce, you can revert back to using your previous surname without having to change it via deed poll, though this is an option. Instead, it is possible to change your surname by using your marriage certificate and decree absolute.

Changing your name using the marriage certificate and Decree Absolute 

Some organisations will accept a change of name application back to the maiden name if this is supported with the Decree Absolute and marriage certificate (since this will detail the married and maiden surname). However, do bear in mind that not all organisations will accept these documents for a name change.   

Changing your name on your passport 

It is more complicated to change your passport back to your previous maiden name and the applicant needs to provide the following: 

• Decree Absolute. 

• Marriage certificate showing both the married and maiden name (this will not be returned). 

• Birth certificate. 

• Signed statement showing intention to use previous surname for all purposes. 

• Documentary evidence showing use of the new name (for example, a pay slip or letter from your local council). 

Changing your surname via deed poll 

An alternative route to changing your name is via deed poll (officially known as a Deed of Change of Name). This will be accepted by all UK organisations and is a legal document. The signee has to commit to: 

• Abandoning the use of their former name. 

• The use of the new name at all times. 

• Requiring everyone to address them by their new name only. 

It is also possible to state your preferred title on the deed poll. 

If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.