Changing Yours And Your Child's Surname

This Help Guide will advise you how to change yours and your child’s surname during and after a divorce if that is what you want to do. Here we will discuss the enrolled process which is done by making an application to the Royal Courts Of Justice. This enrolled process of name change is accepted by all organisations.

Please note – there is no legal requirement to change your surname and no one can force you to change your surname back to your maiden name after your divorce. It may be easier to keep the same surname as the children to avoid difficulties in booking holidays, airport check-ins, appointments at doctors, and school issues. However, if you want to change your surname back to your maiden name, it doesn’t have to be time-consuming or expensive. We will show you how.

THE PROCESS OF CHANGING YOUR (AN ADULT) SURNAME BACK TO YOUR MAIDEN NAME DURING AND AFTER YOUR DIVORCE

The process for changing your surname back to your maiden name is different during your divorce (you are still married) and once you are divorced. 

DURING YOUR DIVORCE – If you would like to change your surname back to your maiden name during your divorce then you can change it by an enrolled deed poll. 

The forms you will need to do this are in a deed poll pack called LOCO19. Please click the link below to be taken to the page where you can download the pack and get more information about how to complete it.

LINK TO OUR L.I.P HELP GUIDE FOR LOCO19 DEED POLL PACK (INCLUDING FORMS LOCO20, LOCO21, LOCO25)

You can do this all by yourself. An expensive solicitor does not need to be involved. You can also use an online divorce company to do this for you for a small fee. My suggestion is that you order 10-15 copies of the deed poll so you can send a copy to the DVLA, passport office, and your doctor’s office, to name a few.

Please note – Page 2 of form LOCO19 deed poll pack states that if you are married (your divorce has not been finalised) you will need to attach a letter of consent from your spouse to your forms when you send them to the court. This letter is should state that your spouse has no objection to you changing your name.

AFTER YOU ARE DIVORCED – ONCE YOUR FINAL ORDER/DECREE ABSOLUTE HAS BEEN ISSUED – Once you are divorced you will have a legal document called a final order/decree absolute issued by the court stating your marriage has ended. Most companies and organisations that you have dealt with will change your surname if you show them your original marriage certificate and your final order/decree absolute certificate (the legal document the court will issue stating that your marriage has ended) together.

Please ask your bank, the DVLC, the passport office and any other organisation whether a photocopy of your marriage certificate and final order will do or do they need to see the original documents. If they want to see the original documents then please make sure they give these back to you.

THE PROCESS OF CHANGING YOUR CHILD’S SURNAME DURING AND AFTER YOUR DIVORCE

Changing the surname of a child (under 18 years of age) is the same process during or after your divorce. An individual with parental responsibility can change a child’s name. This can be done by an enrolled deed poll. 

The forms you will need to do this are in a pack called LOCO19 minor. Please click the link below to be taken to the page where you can download this pack and get more information about how to complete it.

LINK TO OUR L.I.P HELP GUIDE FOR LOCO19 minor (INCLUDING FORMS LOCO22, LOCO23, LOCO24, LOCO26) 

You will need to attach a letter of consent from the other parent with parental responsibility. If you cannot get this letter of consent then you will need to make an application to the court to get permission to change your child’s name and attach this court order to your forms in pack LOCO19 minor. The form you will need to apply to the court for permission is form C100. You will use form C100 to apply for a specific issues order.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C100

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED

You will need to prove to the court that you have tried to reach an agreement with the other parent but have failed. You will also have to show the court that it is in the best interest of the child that their surname be changed. 

If the other parent is not contactable or absent form the child’s life it is still advisable to get a court order for name change first and attach it to your deed poll forms. As the other parent is absent your application to the court will have strong grounds for success.

WHAT CAN YOU DO IF YOUR CHILD’S SURNAME HAS BEEN CHANGED WITHOUT YOUR CONSENT?

If you are a parent with parental responsibility, your child’s surname has been changed without your consent and you disagree then you can also make an application to the family court to reverse the changing of your child’s name. The form you will need to do this is form C100. You will use this form C100 to make a specific issues order. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C100

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED

If you are a parent without parental responsibility, your child’s name has been changed and you disagree then you can make an application to the family court to reverse the changing of your child’s name. The form you will need to do this is form C100. You will use form C100 to make a specific issues order.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C100

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED