Change My Last Name but No Divorce - What to Do?

[momof2]

I have been separated for a year (separation) and I really want to use my maiden name again. I am waiting for my former husband to file a divorce but he keeps on telling me he's just busy. Can I use my maiden name again without divorce papers? What is the process under family law?

 

[Denise I]

Hi momof2,

You can retain your maiden name even after you got married. If you were born and married overseas, you can still change your name as long as you meet your state/territory minimum residency requirements. You can check on these links for more information:
https://www.passports.gov.au/Web/Requirements/NameChangeMarriage.aspx
https://www.passports.gov.au/Web/Requirements/NameChangeWhatDocs.aspx


Personal Opinion Only

 

[Tim W]

This reply applies to NSW only (because I am a lawyer from NSW).

1. You can change your name back to your maiden name, or to any other acceptable name, at any time.
2. You do not require your husband's agreement or consent to do so.
3. Changing your name has no effect on your marital status.
4. Changing the names of your children is different and more complex,
   and you should get a lawyer's advice about that.

This link may be useful. http://www.bdm.nsw.gov.au/bdm_con.html