Changing Your Name - Legal or by Marriage?

A traditional "change of name by marriage"

Changing your name by marriage is easy peasy, and free. You just do it. You don't have to ask anyone's permission. You can start to use your new name whenever you wish. Many couples incorporate their name change decision in the celebrant's closing remarks at their wedding ceremony, just before they walk back up the aisle.

It is not a legal requirement to change your name on any documentation. Nor is it a legal requirement to stop using your maiden (birth) name entirely. A growing number of women chose to use their married name socially but keep their maiden (birth) name for professional purposes and use (and to keep being searchable on Google and on social media). It is perfectly legal to keep your maiden name on official ID documents. The important thing is to be consistent about where and when you use each name. Government and financial institutions are inclined to get a bit awkward if you present inconsistent documentation.

If you decide to change your name on your documentation, the process is straightforward:

• You have to have been married in Australia. While your overseas marriage will be recognised in Australia, because it is not registered in Australia change of name by marriage isn't available to you. You will have to apply for a legal name change.
  
• You need to have a copy of your official marriage certificate (the one you apply for to Births, Deaths, and Marriages in the State or Territory in which you got married). This certificate proves that your marriage was registered
• And then you take that certificate, together with your birth certificate to prove the link between the two names, plus whatever it is that you are asking to be reissued to the various entities where you want to change your name and ask for that to be done.
  Hint: Start with photo ID such as driver licence or passport, because that can then be used to do things like change your name online on the electoral role
  Cost: There is no cost to have your documents reissued in your new name. Not even for your new passport, though that does have some conditions - you must have at least 2 years validity left on your passport and you must apply within 12 months of getting married.
  

Your choices

Historically, change of name was simple. A couple got married and the bride's birth surname (generally her father's surname) was replaced by her husband's surname.

And that's still one of the choices. A common alternative is that the wife hyphenates her birth name with her husband's surname. And he changes nothing.

But there are other choices, choices that apply to either and both of you, regardless of gender.

• One of you can change your surname to that of the other, so you both have the same surname - typically Mr and Mrs Jones, for example (or Mr and Mr Jones or Mrs and Mrs Jones)
  
• One of you can hyphenate your birth surname with that of the other, so one of you retains your birth name within your married name, and the other one doesn't change their name - typically Mr Jones and Mrs Smith-Jones
  
• Both of you can combine your names, with or without a hyphen, in either order, Smith-Jones, Smith Jones, Jones-Smith, or Jones Smith.
• One of you can use your "married name" socially but keep using your birth name professionally. This is still almost exclusively a choice made by professional women.
• Both of you can decide NOT to change your name.
• Or both of you can choose a whole new surname (this requires a legal name change)
  

Legal name change

A legal name change is a whole other matter.  You have to make a formal application and pay a fee and give a reason for the change. So, in a way, a government entity has the final decision about whether you will be allowed to change your name.

Other things about a formal legal change of name that you need to be aware of:

• This form of name changes obliterates your birth surname and retrospectively changes your surname on your Australian birth certificate. You will be issued with an amended birth certificate.
• If you were born overseas, you will be issued with a change of name certificate
  
• There are residence conditions. If you were not born in Australia you need to be a permanent resident who has lived in your current state for the previous 12 months. If you were born in Australia you apply to BDM in the state or territory in which you were born
  
• There are limits on how often you can change your name and how many times in your lifetime you can do so. In Queensland, for example, you can only change your name once in a 12 month period. In New South Wales and Victoria, for example, you can only change your name three times in your lifetime. Other states have similar rules.
  
• You need to apply for a legal name change, pay a fee, and provide a long list of documentation
• You don't have to have gotten married in order to change your name legally
  
• It can take quite a long time - months - from application to approval.

Do you always have to show your official marriage certificate?

If you are changing official documents, or with a financial institution that requires 100 points of ID, the answer is yes. In other circumstances, the answer is no you don't!  And frankly, your marriage certificate is a legal identity document with personal information on it so you shouldn't just flash it around to all and sundry.

Some organisations may accept the Presentation Certificate (the pretty one you were handed on the day) because it is proof that the marriage took place, and it doesn't include any personal information other than your full names. Sad but true, using the Presentation Certificate will be straightforward if you are a wife doing a straight swap to her husband's surname. For anything else, you may have to deal with skepticism. At which point, your updated driver license or adult proof of age card should settle the argument.

Your doctor, dentist, or other medical practice should accept your updated medicare card as evidence, a good reason to change that once you get your new photo ID (driver licence, passport or adult proof of age card).

Any place where it is just a matter of them changing your name on their membership list should accept your word for it.

Going Facebook Official doesn't require any proof, and nor does changing your name on Facebook

Thanks for reading!