Names and marriage

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For some, it is a custom for a person to take their new spouse or partner’s surname. There is no law that requires this. Each party to a relationship or marriage may keep their pre-marriage last name or combine their own last name with that of their new spouse or partner.

If you marry overseas, note that some organisations do not accept overseas marriage certificates as proof of your right to use your spouse’s surname. This means that you need to provide proof that you have changed your name, in the form of a new birth certificate or a change of name certificate. To obtain these certificates, apply to register your new name with BDM Vic; see ‘Registering a new name’, above.

In proceedings under the Family Law Act 1975 (Cth), if any party changes their name after the start of a case, the court and the other parties must be provided with written notice of the name change (see rule 2.16 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)).

Names and marriage

Chapter: 4.5: Changing your name

Contributor: Talya Faigenbaum, Principal Lawyer, Nest Legal

Current as of: 1 September 2024

Law Handbook Page: 273

Next Section: A child’s name

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