Changing Your Name After Divorce – How to Do It and How Much Time You Have
Divorce is not only the end of a marriage – it is also a moment at which you can decide whether you want to return to your pre-marriage name. The law gives you exactly one year to make that decision. It is worth knowing how to use this right and what it covers.
Who Can Change Their Name After Divorce
The right to revert to a previous name belongs to the spouse who changed their name as a result of the marriage. This most commonly applies to women who took their husband’s name – but the provision applies to either spouse who changed their name at the time of the wedding.
The right does not apply to a spouse who did not change their name on getting married – because there is nothing to revert to.
What the Provision Allows – and What It Does Not
You may revert only to the name you bore before the marriage. The provision does not allow you to take any other name of your choosing – only the one you had immediately before the wedding.
This means that if you bore your maiden name before your first marriage, changed it when you married and now wish to return to it, you can do so under this procedure. If you wish to change your name to something entirely different, you must use the general administrative name change procedure, which is separate and more demanding.
The Deadline – One Year From the Judgment Becoming Final
You have exactly one year from the date the divorce judgment becomes final to submit the declaration. This is a hard deadline – once it expires, the right is permanently lost and cannot be reinstated. There is no possibility of extending this period or having it reinstated by the court.
A divorce judgment typically becomes final 21 days after it is delivered – where neither party has lodged an appeal. Where an appeal is lodged, the period runs from the date the appellate court’s final judgment is delivered.
How to Submit the Declaration – the Procedure
The declaration of reversion to a previous name is submitted in person before the head of the registry office or before a consul – where you are abroad. It cannot be submitted in writing by post or before a court.
To submit the declaration you will need: an identity document and a copy of the divorce judgment bearing the confirmation that it is final.
The procedure is straightforward and free of charge. The change is entered in the civil status records and the head of the registry office issues a relevant certificate.
After the name change, documents will need to be updated: identity card, passport, driving licence, bank documents and other official documents.
The Name Change and the Children
A divorced parent changing their name does not automatically affect the children’s names. The children retain the name they have been using. Changing a child’s name is a separate procedure requiring the consent of both parents or – where consent is refused – a court order.
Separation and Name Change
The provision on reverting to a previous name does not apply where separation has been ordered. Spouses in separation remain married and cannot use this right. A name change is possible only after a divorce judgment has been issued.
What to Do If the Year Has Passed
Where the one-year period has expired and no declaration was submitted, the only route is the general administrative name change procedure under the Act on Change of First Name and Surname. This procedure is more demanding – it requires good reasons to be stated and an application to be submitted to the head of the registry office, who may refuse the change. The decision is subject to appeal.
Do you need help with a name change or other matters following divorce? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl
This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our law firm.
We invite you to contact the Family Law Practice: Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl
Changing Your Name After Divorce – How to Do It and How Much Time You Have
Divorce is not only the end of a marriage – it is also a moment at which you can decide whether you want to return to your pre-marriage name. The law gives you exactly one year to make that decision. It is worth knowing how to use this right and what it covers.
Who Can Change Their Name After Divorce
The right to revert to a previous name belongs to the spouse who changed their name as a result of the marriage. This most commonly applies to women who took their husband’s name – but the provision applies to either spouse who changed their name at the time of the wedding.
The right does not apply to a spouse who did not change their name on getting married – because there is nothing to revert to.
What the Provision Allows – and What It Does Not
You may revert only to the name you bore before the marriage. The provision does not allow you to take any other name of your choosing – only the one you had immediately before the wedding.
This means that if you bore your maiden name before your first marriage, changed it when you married and now wish to return to it, you can do so under this procedure. If you wish to change your name to something entirely different, you must use the general administrative name change procedure, which is separate and more demanding.
The Deadline – One Year From the Judgment Becoming Final
You have exactly one year from the date the divorce judgment becomes final to submit the declaration. This is a hard deadline – once it expires, the right is permanently lost and cannot be reinstated. There is no possibility of extending this period or having it reinstated by the court.
A divorce judgment typically becomes final 21 days after it is delivered – where neither party has lodged an appeal. Where an appeal is lodged, the period runs from the date the appellate court’s final judgment is delivered.
How to Submit the Declaration – the Procedure
The declaration of reversion to a previous name is submitted in person before the head of the registry office or before a consul – where you are abroad. It cannot be submitted in writing by post or before a court.
To submit the declaration you will need: an identity document and a copy of the divorce judgment bearing the confirmation that it is final.
The procedure is straightforward and free of charge. The change is entered in the civil status records and the head of the registry office issues a relevant certificate.
After the name change, documents will need to be updated: identity card, passport, driving licence, bank documents and other official documents.
The Name Change and the Children
A divorced parent changing their name does not automatically affect the children’s names. The children retain the name they have been using. Changing a child’s name is a separate procedure requiring the consent of both parents or – where consent is refused – a court order.
Separation and Name Change
The provision on reverting to a previous name does not apply where separation has been ordered. Spouses in separation remain married and cannot use this right. A name change is possible only after a divorce judgment has been issued.
What to Do If the Year Has Passed
Where the one-year period has expired and no declaration was submitted, the only route is the general administrative name change procedure under the Act on Change of First Name and Surname. This procedure is more demanding – it requires good reasons to be stated and an application to be submitted to the head of the registry office, who may refuse the change. The decision is subject to appeal.
Do you need help with a name change or other matters following divorce? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl
This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our law firm.
We invite you to contact the Family Law Practice: Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl