Damon Mcknight
In Australia, a legal name change is a two-part process. First, you need to obtain a legal name change certificate (or an amended birth certificate) from Births, Deaths and Marriages (BDM). This is the only authority that can issue a legal name change. Once you have this certificate, you must notify all the necessary organisations, such as your bank, employer, and the Australian Taxation Office (ATO). If you are a New Zealand citizen residing in Australia, you will likely need an Australian-issued legal name change certificate. The process can take between one to four months and there are fees involved, including an application fee for BDM and fees for changing official documents such as your passport and driver's licence.
| Characteristics | Values |
|---|---|
| Name change process | A legal name change certificate (or amended birth certificate) can be issued by Births, Deaths and Marriages. |
| Deed poll | No longer used in Australia for name changes. |
| Requirements | If born in Australia, apply in the state where you were born. If born overseas, apply where you currently reside, but you must have resided in that state for the past 12 months (except NSW residents, who must have resided for 3 years). |
| Fees | Application fee for Births, Deaths and Marriages. Fees for changing credentials like passports and licences. |
| Time | The process can take from 1 to 4 months. |
| Marriage or divorce | No need for a deed poll. Show relevant documentation (marriage certificate, divorce certificate, birth certificate, etc.) to organisations for a name change. |
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What You'll Learn
Deed polls are no longer used in Australia
Deed polls are still used in Australia for other purposes, such as making covenants or declarations that are legally enforceable, including promises to perform or refrain from specific actions. They are also used for documenting agreements reached after a dispute, ensuring that both parties are legally bound to the terms and providing a clear record of the resolution. Deed polls can also be used to affirm or declare an individual's identity, especially when official documentation may not accurately reflect their true identity.
In business, deed polls are a useful type of legal agreement. They can be used to make sure business matters are secure and protected, even when a contract is not applicable. Deed polls are also used in the transfer of intellectual property rights, such as patents, trademarks, copyrights, or trade secrets, from one company to another within the same corporate group.
The requirements and qualifications for deed polls vary between Australian states and territories, and it is important to do your due diligence on what is required to execute a legitimate legal agreement. For example, some states require witnessing signatures from two company directors when preparing a deed poll for a change in company details.
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Apply for a legal name change certificate
In Australia, a legal name change certificate (or amended birth certificate) can only be issued by the Registry of Births, Deaths and Marriages (BDM). The quickest way to apply for a change of name is online. Processing times vary, but you can expect it to take from one to four months. You can fast-track your application by paying a priority fee of $47.00, which will ensure it is processed within one business day.
To apply for a name change, you must be over the age of 18. If you were married in Australia, you can take your spouse's surname for free without going through the formal name change application process. You can simply send a copy of your marriage certificate to record-holders, such as benefits offices, and they will update your documents for free.
If you were born in Australia, you should apply for a name change in the state where you were born. If you were born overseas, you should apply in the state where you currently reside, and you must have resided in that state for the past 12 months (except for NSW residents, who must have resided there for three years).
If you are applying for a name change for a child under 18, both parents must complete the application. If one parent is unable to obtain the consent of the other parent, a sealed court order from the Family Court is required before the Registry can register a change of name.
Once your application has been approved, you will receive your certificate by registered post. You will then need to notify all the necessary organisations, such as banks and government agencies, and provide them with a copy of your certificate.
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Notify all necessary organisations
Once you have obtained a deed poll, you must notify all the relevant departments and organisations. This is a crucial step to ensure that your identity documents, financial records, memberships, and personal affiliations are consistent with your new name. Here are some key points to consider when notifying necessary organisations:
Identification Documents
It is essential to update your identification documents, including your passport, driver's licence, Medicare card, and any other official records. Present your deed poll as proof of your name change when applying for these updated documents. Remember that some organisations may require a certified copy or the original deed poll, while others may only need a photocopy.
Government Departments
Notify relevant government departments, such as the police, benefits offices, and other official bodies. This helps maintain accurate records and avoid any confusion or legal complications. When dealing with government organisations, it is important to follow their specific requirements for updating your name.
Financial Institutions
Inform your bank and other financial institutions about your name change. Ask the financial institution which type of deed poll they will accept as proof of your new name. They may require additional documentation or specific procedures to update your records.
Educational Institutions
If applicable, notify any educational institutions you are associated with, such as schools, universities, or training providers. Provide them with the necessary documentation and request that they update their records accordingly.
Utilities and Other Services
Update your name with utility providers, subscription services, and any other organisations with which you have an account or membership. This ensures that your name change is reflected across all aspects of your daily life.
Remember, when notifying organisations, it is helpful to include a cover letter explaining your name change and requesting that they update their records. This process may vary slightly depending on the state or territory in which you reside, so ensure you are aware of any specific requirements in your region.
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What to do if you're a New Zealand citizen residing in Australia
If you're a New Zealand citizen residing in Australia, you will likely need an Australian-issued legal name change certificate to update your records. While you can apply for a New Zealand legal name change certificate, it may not always be accepted in Australia.
To obtain an Australian legal name change certificate, you must apply through Births, Deaths and Marriages (BDM) in the state where you currently reside. You must have resided in that state for the past 12 months, except for NSW residents, who must have resided there for three years. The application process can be done online in Victoria and NSW, with identity documents being digitally verified. All other states require a form and certified identity documents to be mailed in.
The fees for a legal name change application vary between states, ranging from $131.50 in Victoria to $275.50 in South Australia. There may be additional costs for updating your name on other documents, such as your passport, once your name change is granted.
After receiving your legal name change certificate, it is your responsibility to notify all the necessary organisations and update your records. This may include organisations such as your bank, as well as government agencies for documents like your passport or driver's licence.
It is important to note that the name change process can be lengthy, and the time it takes can vary depending on various factors. It may take anywhere from one to four months to complete the entire process.
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What to do if you got married overseas
If you got married overseas, your marriage will generally be recognised in Australia if it is recognised in the country where it took place. This means that if your marriage is considered legal in the country where it occurred, it will also be considered legal in Australia. However, it is important to note that you cannot register an overseas marriage in Australia and you cannot be issued an Australian marriage certificate.
To have your overseas marriage recognised in Australia, you may need to provide proof that you are legally allowed to marry. This can include documents such as a single status certificate, a Certificate of No Impediment to Marriage, your divorce certificate, or your spouse's death certificate if you were previously married. It is also important to have evidence of your marriage, including official, commemorative, or keepsake documents obtained during the ceremony.
While your overseas marriage certificate may not be accepted as proof of a name change, this does not mean that your marriage is not recognised in Australia. To change your name, you will need to apply for an official name change through Births, Deaths and Marriages (BDM). The process can vary depending on the state, and there may be associated fees and turnaround times. For example, NSW residents must have resided in the state for 3 years before applying, while other states only require 12 months of residency.
It is also important to note that if you were born or married overseas, you cannot automatically take your spouse's family name. You will need to apply for a legal name change and notify all the necessary organisations. This process can be simplified by using a service like Easy Name Change, which operates in Australia and can help streamline the administration process.
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Frequently asked questions
The process is managed by Births, Deaths and Marriages (BDM). You need to apply for a legal name change certificate (or amended birth certificate) from BDM. You can change the order or spelling of your given names, add or drop a name, change your surname, or make changes to all your names.
Fees and turnaround times vary between states. There is an application fee for BDM, and most customers will have to pay a fee to change documents like their passport and license. The whole process can take anywhere from one to four months.
You will likely need an Australian-issued legal name change certificate to update your records. You may apply for a New Zealand legal name change certificate, but it may not always be accepted in Australia.
Deed polls are no longer used in Australia for name changes. You can change your name by recording a 'change of name' at your state's BDM office. You will need to show your marriage certificate to the organisations you want to use your new name with.
All parties with parental responsibility need to agree to the change.
