Ruqayyah Snyder
Changing your family name in Australia can be a straightforward process for adults, but there are some important factors to consider. If you are over 18, you can apply to change your name, and in some cases, this can be done for free. However, if you were born overseas, you must have lived in the state for at least 12 months. The process for changing a child's surname is more complex and requires the consent of both parents, unless one parent has sole parental responsibility. In this case, the child's consent is also required if they are over 12 years old. The application process involves submitting the relevant forms and providing proof of identity, with additional requirements depending on the state or territory.
| Characteristics | Values |
|---|---|
| Who can apply for a name change? | Adults (over 18 years) born or adopted in Queensland, Adults born in Victoria or overseas, Adults whose birth is not registered in NSW and a protection order has been made to protect them and/or their children from domestic violence |
| What is the process for changing a name? | The quickest way to apply for a name change is online. The Registry of Births, Deaths & Marriages will need to verify your identity before processing the change of name application. |
| What documents are required? | Valid identification, proof of address, proof of Australian citizenship or permanent residency, marriage certificate and other identity documents |
| Are there any restrictions on name changes? | The Births, Deaths and Marriages Registration Act 1995 (NSW) restricts certain classes of persons from changing their name without the permission of a supervising authority. It also restricts people from making a name change on behalf of a restricted person. |
| How often can a name be changed? | CBS can accept one name change every 12 months, and a person can only change their name three times in their lifetime. |
| What is the cost of changing a name? | The cost of changing a name includes $11 for postage and handling, and $9 for international post. |
| How long does the process take? | Processing times vary and may be delayed if the application is incomplete, does not include valid identification, or the fee is not paid. |
| What happens after a name change is approved? | After a name change is approved, individuals must inform various government agencies, banks, utility suppliers, and other organizations of their new name. |
| Can a child's name be changed? | Yes, but both parents must complete the application and children over 12 years old must agree to the name change. |
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What You'll Learn
Changing your family name after marriage
If you were married in Australia, you can take your spouse's surname without going through a formal name change application process. However, if you were married overseas, you must apply to change your name.
To update your family name on documents such as your driver's licence, passport, and bank accounts, contact the relevant organisations directly. These include VicRoads, the Australian Passport Office, or your bank. Organisations will have different requirements for proof of your name change, so it is best to contact them to find out what evidence they need. For example, some organisations may require an official marriage certificate, while others may ask for additional identity documents.
If you choose to use your spouse's family name or change back to your previous name, you will need to contact every organisation you have a personal account with. Start by making a list of all the organisations, which may include government agencies, banks, utility suppliers, and other businesses.
You can apply to change your name if you are over the age of 18 and your birth is registered in the relevant state or territory. For example, in New South Wales, you can apply for a change of name if your birth is registered in the state. In Victoria, adults born in the state or overseas can apply to change their name.
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Changing your child's surname
Mediation and Dispute Resolution:
Before initiating any legal proceedings, it is essential to attempt mediation or dispute resolution with the other parent. This step is crucial as the court will require proof that you have made a genuine effort to resolve the issue outside of the court system. Mediation can help you work through the concerns amicably, and if an agreement is reached, you may not need to pursue further legal action.
Parental Permission and Responsibilities:
If you are the parent filing the application and the other parent is listed on the birth certificate or shares parental responsibility, their permission is required for the name change. If the other parent does not consent, you may be able to seek a 'sole parental responsibility' order from the court. This court order gives one parent the authority to make decisions on behalf of their minor children, even without the other parent's agreement.
Court Proceedings:
If mediation does not lead to an agreement, you may need to proceed with court proceedings. The court will consider various factors before making a decision, including the amount of time the child spends with each parent and the potential impact of the name change on parental relationships. It is highly recommended to engage the services of an expert family lawyer who can guide you through the legal process and represent your interests effectively.
Application Process:
Once you have obtained the necessary permissions or court orders, you can proceed with the official name change application. In most states, both parents must complete the application for a child under 18 years of age. The Registry of Births, Deaths, and Marriages will need to verify your identity before processing the application, so ensure you have the required Proof of Identity documentation. There may be associated fees for processing the application and postage, and processing times can vary.
Updating Documents:
After the name change has been approved and registered, you will receive a change of name certificate. Remember that this certificate cannot be used to amend details of registered life events that occurred before the name change registration date. You will need to update your child's name on other documents, such as their passport or driver's licence, by contacting the relevant authorities directly. They will advise you on the specific evidence and requirements needed for the update.
Please note that name change procedures may vary slightly between states in Australia, so it is always advisable to consult official government sources or seek legal advice for the most accurate and up-to-date information.
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Requirements for a legal name change
Adults
To change your name as an adult in Australia, you must be over the age of 18. If you were born in Australia, you can apply to change your name in your state or territory. If you were born overseas, you must have lived in Australia for a certain period, typically ranging from 12 months to several years. Some states may also require you to provide proof of identity and pay a processing fee. It is important to note that you cannot change your name to evade the law or for fraudulent purposes.
Children
Changing a child's name in Australia requires the consent of both parents, as long as the child is under the age of 18 and both parents have "shared parental responsibility." If the child is over 12, they must also agree to the name change. The process involves lodging an application with the Births, Deaths, and Marriages registry in the state or territory where the child was born or currently resides. A court may become involved if there is a dispute between the parents or if the name change is not in the best interests of the child.
Additional Requirements
After legally changing your name, you must notify various organisations and government agencies, such as banks, utility suppliers, and passport offices. These organisations may have their own requirements for proof of the name change, such as providing an official marriage certificate or a signed declaration witnessed by an approved authority. It is essential to update your name with these organisations to ensure your records are accurate and to avoid any issues or delays in the future.
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Name change application process
The name change application process in Australia varies depending on the state or territory in which an individual resides. Here is a general overview of the process:
For Adults:
If you are over the age of 18 and wish to change your name in Australia, you must first check the specific requirements for your state or territory. For example, in Queensland, adults born or adopted in the state can apply to legally change their name. Adults born overseas can also apply if they have lived in Queensland for the past 12 months.
For Children:
Changing a child's name in Australia requires the consent of both parents, as both retain shared parental responsibility under the Family Law Act 1975 until the child turns 18. However, if one parent has an order allowing the name change, they can proceed with the application without the other parent's consent. The child's consent is also required if they are over the age of 12.
Application Process:
The quickest way to apply for a name change is often online. The Registry of Births, Deaths, and Marriages will need to verify your identity before processing the application, so ensure you have the necessary proof of identity documents. There may be a fee associated with the application, which includes postage and handling costs.
After the Name Change:
Once your name change is approved, you will need to notify various organisations and government agencies, such as Service SA or the Australian Passport Office. You may also need to contact banks, utility suppliers, and other businesses to update your records. These organisations may have different requirements for proof of your name change, so be sure to check and provide the necessary documentation.
It is important to note that some organisations may not accept name change certificates if they are laminated. Additionally, CBS can accept one name change every 12 months, and individuals can only change their name three times in their lifetime.
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Updating personal accounts with your new name
Once you have legally changed your name, you will need to update your personal accounts. The process for doing this varies depending on the type of account and the organisation you are dealing with. Here are some general steps and tips to help you update your personal accounts with your new name:
- Gather your documents: Ensure you have all the necessary documents to prove your name change. This may include a change of name certificate, marriage certificate, driver's licence, passport, or other forms of identification. It is essential to have these documents certified by a recognised authority to avoid delays in updating your personal accounts.
- Create a list of organisations: Make a comprehensive list of all the organisations and businesses you need to notify about your name change. This may include government agencies, financial institutions, utility providers, employers, insurance companies, healthcare providers, loyalty programs, and subscription services. Prioritise the most important accounts and those that may have stricter requirements or longer processing times.
- Contact each organisation: Reach out to each organisation on your list and inquire about their specific requirements and processes for updating your personal details. Many organisations will have dedicated pages on their websites outlining the steps for changing your name. Some may provide online forms or allow you to update your information online through your account settings. Others may require you to submit documents by mail or in person.
- Provide the necessary documentation: When requested, supply the relevant organisation with the required documentation to support your name change. This may include sending certified copies of your change of name certificate, marriage certificate, or other relevant identity documents. Always ensure you are dealing with a trusted organisation and that your personal information is secure.
- Update your records: As you go through the process of updating your personal accounts, keep a record of the organisations you have contacted, the dates of communication, and any relevant case or reference numbers. This will help you track your progress and follow up on any pending updates.
- Be mindful of timing: Some organisations may have specific time frames or limitations on how often you can change your name. For example, certain government agencies may only allow one name change per year or impose a maximum number of name changes within a specific period. Check with each organisation to understand their policies and plan your name change process accordingly.
Remember that the requirements and processes may vary depending on your state or territory in Australia and the specific organisations you are dealing with. Always refer to the official government websites and the relevant organisations' guidelines for the most accurate and up-to-date information.
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Frequently asked questions
If you were married in Australia, you can take your spouse's surname without going through the formal name change application process. If you were married outside of Australia, contact the country you were married in to request a copy of your registration. If you are changing your name for another reason, you must be over 18 and apply to the Registry of Births, Deaths & Marriages in your state or territory. You will need to provide proof of identity.
If you are under 18, both of your parents must complete the application to change your name. If your parents are separated or divorced, the applying parent must have an order allowing the name change. If your child is over 12, they will also need to agree to the name change.
To change your name on official documents, you must contact the relevant authority, such as Service SA or the Australian Passport Office. They will tell you what evidence you need to provide.
Yes, there are some restrictions on the names that can be registered. You cannot register a name that is misleading or offensive, or that indicates a rank or title, for example.
