Damon Mcknight
Changing your name in Australia involves different processes depending on your reasons for doing so and the state in which you live. Generally, you must lodge a legal name change application with the relevant state authority, which is usually Births, Deaths and Marriages (BDM). The cost of changing your name varies depending on the state, ranging from $131 in Victoria to $270 in South Australia. If you were married in Australia and want to take or remove your spouse's surname, you do not need a legal name change. However, if you were married overseas, you must apply for a name change certificate through the BDM in the state you were born.
| Characteristics | Values |
|---|---|
| Who can apply for a legal name change? | Any Australian citizen or permanent resident aged 18 or above |
| Where to apply for a legal name change? | Births, Deaths and Marriages (BDM) in the state where the person was born or is living |
| Documents required | Proof of birth state, signature, photo, residential address, and original birth certificate |
| Additional documents for applicants born overseas | Minimum two separate forms of documentary evidence of living in the state for the past 12 months |
| Fee | Between $131 (Vic) and $270 (SA) |
| Name change after marriage | Marriage certificate issued by an Australian Registry of Births, Deaths and Marriages |
| Name change after divorce | One of the documents in the new name or a name change certificate from the Registry of Births, Deaths and Marriages |
| Name change for a child under 12 months of age | BDM105 Application to Change a Child’s Given Name within 12 months of their Birth form |
| Name change for a child after 12 months of age | BDM401 Register a Change of Name (Child under 18 years) application form |
| Name change for a child after 18 years of age | Consent of the person named in the certificate |
| Name change for a child born overseas | Two forms of documentary evidence of the parents living in the state for the past 12 months |
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What You'll Learn
Requirements for legal name change
Any Australian citizen or permanent resident aged 18 or over can apply for a legal name change at Births, Deaths and Marriages (BDM). If you were born in Australia, you must apply in the state where you were born and get an amended birth certificate. If you were born overseas, you must apply in the state or territory where you live and have resided continuously in that state for at least the past 12 months (except in New South Wales, where you must reside in the state for three years).
To change your name on documents such as your passport or driver's licence, you must do so directly with the relevant authority, such as Service SA or the Australian Passport Office. They will tell you what evidence you need. For example, if you have changed your name more than once, you will need to show documents that directly link your current name to the name on your Australian birth or citizenship certificate. A foreign marriage, registered relationship, or name change certificate will only be accepted if you cannot obtain an Australian equivalent because you live overseas. Any foreign-language documents must be translated in full by an approved translation service.
If you are changing your name due to a change in your marital status (including marriage, divorce, entering or leaving a registered relationship, or the death of a spouse), you can get a new passport or keep using your current passport. If you change your name for other reasons, you should stop using your current passport.
You do not need a legal name change if you were married in Australia and want to take or remove your spouse's surname. Simply show your official marriage certificate. However, if you were married overseas, you may have to register a formal name change with the Registry of Births, Deaths and Marriages before your married surname is accepted by some organisations. If you wish to revert to your maiden name, there is no legal requirement for a formal name change, but registration of the change is recommended to avoid difficulties in obtaining recognition of your new name.
You must provide a sound reason for wanting a new name. Reasons such as "a dare" or "personal reasons" may be rejected. You cannot have a prohibited name (one that is offensive or against the public interest) or a name that is impractical for daily use in the community (e.g. a name containing symbols, that is misleading, or difficult to pronounce).
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Changing a child's surname
Parental Consent and Court Orders:
Firstly, it is important to understand that both parents typically need to consent to changing their child's surname. This requirement stems from the Family Law Act, which outlines shared parental responsibility. If both parents are listed on the child's birth certificate, their agreement is necessary. However, in certain situations, one parent can make a sole application. If the parents disagree about the name change, they can seek mediation through Family Dispute Resolution. If this doesn't resolve the issue, the parent in favour of the name change can apply to the Family Court for permission. The court will then decide based on the best interests of the child.
Application Process:
To initiate the name change process, you need to fill out specific forms. If your child is under 12 months old and you only want to change their given name, you can complete the 'BDM105 - Change a Child's Given Name(s) Within 12 Months of Their Birth' form. For children over 12 months or if you wish to change their family name, the 'BDM401 - Application to Register a Change of Name (Child Under 18 Years)' form is required. These forms can be obtained from the Western Australian Registry of Births, Deaths, and Marriages, or the relevant authority in your state or territory.
Documentation and Evidence:
When submitting the application, you will need to provide supporting documentation and evidence. If your child was born overseas, you must demonstrate that you (the parents) have been living in the same state or territory for at least 12 months before the application. This can be done through various forms of documentary evidence, such as residency documents. Additionally, if your child is over 12 years old, they must consent to the name change by signing the application form.
Updating Documents:
Once the name change has been approved, you will need to update your child's documents, such as their passport or driver's licence. This process is done directly with the relevant authorities, who will specify the required evidence. Typically, you will need to provide documents linking your child's current name to the name on their birth certificate or citizenship certificate. If your child has changed their name multiple times, you must document all previous name changes.
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Changing name on passport
To change the name on your passport in Australia, you must apply for a replacement passport. This is because you cannot hold different Australian passports with different names. If you have multiple passports, you must change the name on all of them at the same time.
The process for obtaining a replacement passport varies depending on your circumstances. If your current passport expires in more than two years and hasn't been lost, stolen, or damaged, you can apply for a replacement. A replacement passport is typically valid until the expiry date of the passport it is replacing. However, if you are eligible for a replacement passport, you can choose to renew your passport instead.
If you changed your name due to a change in marital status (including marriage, divorce, entering or leaving a registered relationship, or the death of a spouse), you can either obtain a new passport or continue using your current passport. If you changed your name for other reasons, you should stop using your current passport and apply for a replacement.
To obtain a replacement passport with your new name, you must provide documents linking your current name to the name on your Australian birth certificate or Australian citizenship certificate. If you have changed your name more than once, you must document all name changes that directly link your current name to the name on your birth or citizenship certificate. These documents may include a marriage certificate, divorce papers, or other name change documents.
In some cases, you may be eligible for a free replacement passport. For example, if you changed your family name due to a change in marital status, you can provide evidence such as a spouse's death certificate or documents proving a de facto relationship.
When applying for a replacement passport, you must submit your current passport along with the required supporting documents. Applications can be lodged online or through a participating Australia Post outlet, depending on your eligibility and circumstances.
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Name change after marriage
If you were married in Australia, you do not need to apply for a change of name. You can simply give a copy of your Australian marriage certificate to the relevant organisations. However, if you were married overseas, you may have to register a formal name change with the Registry before your married name is accepted by some organisations.
To change your name on documents such as your passport or driver's licence, you must do so directly with the relevant authority, such as Service SA or the Australian Passport Office. They will tell you what evidence you need. You will likely need to provide a foreign marriage certificate or a name change certificate, but only if you cannot obtain an Australian equivalent. If you were born overseas and married in Australia, most organisations will accept a copy of your primary identity document (foreign passport or Australian citizenship certificate) and your Australian marriage certificate.
Some places will require you to complete their name change request form, which may be found online, while others may ask you to send in a copy or certified copy of your marriage certificate by email or post. Make copies of your marriage certificate as you may need anywhere from one to five copies certified by a justice of the peace.
If you choose to use your spouse's surname, you will need to contact every organisation you have a personal account with. They may need to see your official marriage certificate and other identity documents.
If you wish to revert to your maiden name, there is no legal requirement for a formal name change. However, to avoid difficulties with obtaining recognition of your maiden name, registration of the change is recommended.
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Name change after divorce
In Australia, the process for changing your name after a divorce depends on whether you want to revert to your maiden name or adopt a new name. If you wish to revert to your maiden name, you generally do not need to go through a formal legal name change process. You can revert to your maiden name at any time, regardless of your marital status.
The first step is to start using your maiden name and notify all relevant parties, including your employer, bank, the Australian Taxation Office, the Department of Home Affairs for your passport, and the Department of Transport for your driver's license. You will likely need to provide copies of identification documents, such as your divorce decree or marriage certificate, to prove your identity and show the link between your married and maiden names. For instance, to change the name on your passport, you will need to submit a new passport application form, your previous passport, birth certificate, and evidence of your divorce.
If you wish to adopt a new name after your divorce, you will need to register a formal change of name with the Registry of Births, Deaths, and Marriages in your state or territory. You will need to provide supporting documents, such as your birth certificate, divorce certificate, evidence of any previous name changes, and other forms of identification.
Changing a child's name after divorce is possible but more complex. In general, you need the consent of both parents to change a child's name. If one parent does not agree, the other parent can apply to a court for an order to change the child's name, and the court will consider the child's best interests.
It is important to remember that names are not legal property in Australia. No one can be forced to use or stop using their ex-partner's name, and you can choose to keep a surname taken 'in marriage' if you wish.
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Frequently asked questions
If you got married overseas, you must apply for a name change certificate through the Registry of Births, Deaths and Marriages (RBDM) in the state you were born. You can then use this certificate to change your name on your passport.
You can use your official marriage certificate to change your last name on your passport. You can obtain this certificate from the Registry of Births, Deaths and Marriages (RBDM) in the state you were married.
You must provide documents that link your current name to the name on your Australian birth certificate or citizenship certificate. If you've changed your name more than once, you'll need to document all name changes.
If you're changing your name for reasons other than marriage, divorce, registered relationship, or the death of a spouse, you'll need to lodge a legal name change application with Births, Deaths and Marriages.
