In my previous post I listed some options for changing your surname after marriage (or not). In Australia, while it has traditionally been women adopting their husband's surnames, the rules have always allowed either party to adopt their partner's name. Now that the Marriage Act has been changed to allow two people to marry regardless of gender the same rules apply i.e. either party can take on their partner's name without having to apply for an official name change. According to the NSW Registry of Births Deaths and Marriages (I'll call them BDM from now on) "If you were married in Australia a formal change of name is not required if you wish to take your spouse's surname. A standard marriage certificate is usually sufficient evidence to have personal documentation such as your driver's licence and passport changed to your married surname." You can still legally use the name on your birth certificate, so, for example, if you want to open a bank account in your new 'married' name you will have to provide the bank with a copy of your Marriage Certificate, but if you also want to join a professional association using the name on your Degree (the name registered at birth) you can use that name as well (and, if they need ID, you can use your birth certificate or any other official document with your birth-name). The change-of-name-by-marriage rules apply to hyphenated names as well (e.g. Smith-Jones), so if your surname is Smith and your partner's name is Jones you can add your partner's name to your own (Smith-Jones) without having to do anything, but will need to provide the Marriage Certificate as evidence of a change of name when applying for a bank account, passport, etc.
But what if you decide to adopt a new name? Let's say that neither of you like Smith, Jones or Smith-Jones and you decide to take the surname "Sydney" because that's where you met and fell in love (ah yes, Sydney has so many awesome people a lot of us fall in love here!). There are a couple of options for changing your name. After your marriage you can both apply to register a change of name with BDM. You will have to meet certain requirements (e.g. you must have been born in NSW or lived here for 3 years if you were born overseas - if you were born interstate you will need to contact BDM in that State) and pay a fee (currently $190). The application form is here. Another option would be for one of you to officially change your name before the marriage, and then the other can adopt that name by marriage. For example, Peter Smith and Gary Jones are getting married and both are planning to adopt the name "Sydney" after the wedding. If Peter changes his name to Peter Sydney before the marriage, Gary still has the option of becoming Gary Sydney, Gary Sydney-Jones, or remaining as Gary Jones. You will save $190 but the downside of this is that when you exchange your vows during the ceremony Peter must give his name as "Peter Sydney" and this may confuse a lot of your guests who know him as Peter Smith!
There are some other restrictions on changing your name so if you're thinking of taking a new name you should check first with BDM. The relevant page on their website is here.
Who do you need to tell that you've changed your name? I'll cover that in my next post.
But what if you decide to adopt a new name? Let's say that neither of you like Smith, Jones or Smith-Jones and you decide to take the surname "Sydney" because that's where you met and fell in love (ah yes, Sydney has so many awesome people a lot of us fall in love here!). There are a couple of options for changing your name. After your marriage you can both apply to register a change of name with BDM. You will have to meet certain requirements (e.g. you must have been born in NSW or lived here for 3 years if you were born overseas - if you were born interstate you will need to contact BDM in that State) and pay a fee (currently $190). The application form is here. Another option would be for one of you to officially change your name before the marriage, and then the other can adopt that name by marriage. For example, Peter Smith and Gary Jones are getting married and both are planning to adopt the name "Sydney" after the wedding. If Peter changes his name to Peter Sydney before the marriage, Gary still has the option of becoming Gary Sydney, Gary Sydney-Jones, or remaining as Gary Jones. You will save $190 but the downside of this is that when you exchange your vows during the ceremony Peter must give his name as "Peter Sydney" and this may confuse a lot of your guests who know him as Peter Smith!
There are some other restrictions on changing your name so if you're thinking of taking a new name you should check first with BDM. The relevant page on their website is here.
Who do you need to tell that you've changed your name? I'll cover that in my next post.
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