Change of name after divorce – Often, after a divorce, spouses wish to change their surname to bring closure to the divorce, or simply to resume their birth name. However, there are a few things to keep in mind when doing so, which are outlined in the Civil Code. To give you an overview of the most important facts, the experts at Lukinski explain the topic of name change after divorce in detail. Back to the guide: Divorce & Real Estate.
The change of name – requirements, procedure and the children
In the event of a divorce, the married name is initially continued unchanged by both spouses. However, if desired, a divorce can also be used as an opportunity to seek a name change. This is particularly often requested in the case of contentious divorces. There are various ways to change the surname. The maiden name can be adopted again, a double name can be created from the married name and maiden name or the married name from the first marriage can be adopted again. What are the requirements and procedures, what must be considered and what about the name of the common children?
The most important at a glance:
- A change of name can be made after a divorce only if this is legally binding, i.e. if no more legal remedies against the divorce decree are possible.
- A change of name can only be made at a registry office that keeps the family register. Certain documents are necessary for this, such as the divorce decree with legal effect and an identity card or passport.
- Children can only change their surname after a divorce under certain circumstances
- The registry office charges a certification and authentication fee of 25 euros for a name change. In addition, there are the costs for the change of important documents, such as the identity card
The prerequisites – legally binding divorce
In order for a surname change to take place after a divorce, the marriage must have been legally divorced. A final divorce is when there is no longer any right of appeal against the divorce decree. To ensure this, either both spouses must waive appeals at the divorce hearing or neither spouse must appeal the divorce decree through an attorney within one month. On the divorce decree, an affixed notation of res judicata is used by the court to document that the divorce is final. In order to obtain this, the divorce decree served after the divorce must be sent to the court again with the request for the note of res judicata. Only then is the document to be considered a legally valid divorce and usable for the name change.
- A change of name can only be made after a divorce, if this is legally binding.
- A divorce is only final when there is no longer any possibility of appeal against the divorce decree.
The procedure – change of name in the registry office
The change of name can be carried out after the divorce at the respective competent registry office, as the family register is kept here. Some documents are required for this. On the one hand, the divorce decree with the final decree, an identity card or passport and, if necessary, a certified copy of the marriage register if the person concerned has moved after the marriage. If all these documents are available, the name change can be carried out directly on site. The registry office charges an amount of approx. 25 euros for the certification and authentication fee. In addition, there are costs for issuing or changing important documents, such as the identity card, passport, credit cards or driving licence.
- A change of name can only be made at a registry office which keeps the family register.
- Certain documents are required, such as the divorce decree with final decree and an identity card or passport.
The children – change of name only under certain conditions
The divorce of a marriage initially has no influence on the name of joint children. However, if the parent with whom the child lives after the divorce remarries and has further children from the second marriage, it can happen that the child from the first marriage has a different name from the rest of the family and feels excluded. In such a case, the child from the first marriage can, under certain conditions, adopt the name that the family in the second marriage uses as their married name. The child must be underage and unmarried and live with the parent who wishes to change the name. In addition, the parent must have sole custody, otherwise the other parent must agree to the name change. If the child bears the name of the other parent, he or she must also consent to a name change. If the child concerned is older than five years, he or she must also agree to the name change. If these requirements are met, there is nothing to prevent the child from changing its name.
- Children can change the surname after the divorce of parents
- However, a change of name of the children is only possible under certain conditions
Divorce – prerequisite, separation year, name change
The most important questions on the subject of name change after divorce
The topic of name changes often raises some questions. Is a name change even necessary, which name would make the most sense and is a name change even worth the effort? To make it easier for you to decide whether a name change is right for you, we answer the most important questions about name changes after divorce for you!
How much does the name change cost after divorce?
For the name change at the registry office, there are costs for the certification and authentication fee of about 25 euros. In addition, there are costs for the issue or change of documents, such as the identity card, passport or driver’s license.
How to change your name?
The name can be changed after a divorce at the registry office that keeps the family register. However, if the family has moved after the wedding, this is also possible at the registry office of the new place of residence, which sends the documents to the original registry office.
Can the children take the mother’s name?
If the joint children live with the mother after the divorce and the mother remarries, the children from the first marriage may take the married name of the mother’s second marriage.
Can I take back my birth name after the divorce?
Yes, there are several ways to change your last name after divorce. One of them is to take the birth name again or to choose a double name from the married name and the birth name.
Can children have double names?
Children cannot adopt a double name after a divorce just because one of the parents decides to adopt a double name. Changing the name of the children is only possible under certain conditions.
What is the married name?
A married name is a surname determined by both spouses and borne by all members of the family. A family name does not have to be determined at the time of marriage. The spouses can keep the names used at the time of the marriage even after the marriage.
Divorce: guide, help and tips
Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.