After a divorce, returning to your former name or choosing a completely new one is one of the most personal decisions you can make. The good news is that in England and Wales, the process is straightforward and, in most cases, free or very low cost. This guide walks you through every step, from the legal documents you need to updating your passport, bank accounts, and workplace records.
Your Legal Right to Change Your Name After Divorce
In England and Wales, you have a clear legal right to use any name you choose, provided you are not doing so to commit fraud. There is no single official register of names, which means the law is more flexible than many people realise.
After divorce, you broadly have two options:
- Revert to your previous surname (often called reverting to your maiden name), using your divorce documents as proof.
- Change to an entirely new name that you have never used before, using a deed poll.
The method you use depends on which of these routes you are taking. If you are simply going back to a name you held before your marriage, your final divorce order (previously called a decree absolute) and your marriage certificate together act as sufficient evidence for most organisations. If you want a completely new name, you will need a deed poll.
It is worth noting that changing your name does not happen automatically when your divorce is finalised. You need to take deliberate steps to notify organisations and update your documents. This guide covers everything you need to do, in the right order.
If you are still going through your divorce and want to understand the full process first, the complete guide to divorce in England and Wales is a helpful starting point before tackling name changes.
Reverting to Your Former Surname: What Documents You Need
If you want to go back to a surname you used before your marriage, the process is refreshingly simple. You do not need to pay for a deed poll or go through any formal legal process. Instead, you present two documents together as evidence:
- Your final divorce order (the document previously known as a decree absolute, now called a final order under the no-fault divorce rules introduced in April 2022).
- Your original marriage certificate (or a certified copy, which you can order from the General Register Office for a small fee).
Together, these two documents create a paper trail that links your married name to your former name. Most banks, the DVLA, the Passport Office, HMRC, and other official bodies will accept these without question.
Some organisations may also ask for your birth certificate as supporting evidence, particularly if your surname has changed more than once. It is a good idea to have a certified copy of your birth certificate on hand before you start contacting organisations.
If you do not have your final divorce order, you can apply for a copy through the court where your divorce was processed. There is a small court fee for obtaining a copy. If you used an online divorce portal, you should be able to download a copy directly from your account.
One practical tip: make several certified photocopies of your documents before you start. Some organisations will return originals, but others may keep them temporarily or ask for copies. Having multiple sets ready saves time and reduces stress.
Using a Deed Poll to Change to a Completely New Name
If you want to adopt a name you have never legally used before, whether that is a completely new surname, a double-barrelled name combining your name with a new partner's, or any other variation, you will need a deed poll.
A deed poll is simply a legal document in which you declare that you are abandoning your old name and will use your new name exclusively going forward. There are two types:
- Unenrolled deed poll: You create and sign the document yourself, witnessed by one independent adult. This is free to do and is accepted by the vast majority of organisations, including the Passport Office and DVLA.
- Enrolled deed poll: You apply to the Royal Courts of Justice to have your name change recorded on the public record. This costs around £42.44 as of 2026 and is rarely necessary for most adults.
For most people, an unenrolled deed poll is perfectly sufficient. You can find free templates online, or use a reputable deed poll service. Be cautious of services charging high fees for something you can do yourself for nothing.
The deed poll must clearly state your old name, your new name, and your intention to use the new name exclusively. It must be signed by you and witnessed by one independent adult who is not a family member.
Once you have your deed poll, keep the original safe and make several certified copies. You will send copies to various organisations rather than the original where possible.
If you changed your name by deed poll and later divorced, the deed poll remains valid and you may use it alongside your divorce documents if needed.
Updating Your Key Documents: Passport and Driving Licence
Once you have the right paperwork in place, the next priority is updating your most important identity documents: your passport and your driving licence. These in turn make it easier to update everything else.
Passport
To change the name on your UK passport, you apply for a new passport in your new name. You cannot simply amend an existing one. You will need to submit:
- A completed passport application form (available online or at a Post Office).
- Your current passport.
- Your final divorce order and marriage certificate (if reverting to a former name), or your deed poll (if taking a new name).
- Two passport photos in your new name.
- The standard passport renewal fee (currently around £88.50 for adults as of 2026).
You can apply online through the His Majesty's Passport Office website. Processing times vary but typically take up to ten weeks, so apply in good time before any planned travel.
Driving Licence
To update your driving licence, you apply to the DVLA using form D1 (available from Post Offices) or online via the DVLA website. You will need to enclose your current licence, your supporting name change documents, and a new photo if your appearance has changed. There is no fee for a name change on a driving licence.
It is generally advisable to update your passport first, as a passport in your new name is the strongest form of photo identification you can present to other organisations.
Notifying Banks, HMRC, and Other Organisations
Once your passport and driving licence are updated, work through the remaining organisations systematically. This stage can feel tedious, but tackling it in order makes the process manageable.
Priority organisations to update:
- Banks and building societies: Visit your branch in person where possible, bringing your name change documents and new photo ID. Most banks update records on the same day.
- HMRC: Update your name via your Personal Tax Account online, or by calling HMRC directly. Your National Insurance number stays the same.
- Employer: Notify your HR department so that payroll, pension contributions, and employment records are updated. Ask for written confirmation that the change has been made.
- NHS and GP surgery: Contact your GP practice directly. They will update your NHS records. Your NHS number does not change.
- DWP and benefits: If you receive Universal Credit or any other benefits, contact the Department for Work and Pensions to update your records.
- Electoral roll: Update your voter registration via the government's voter registration service online. This is free and takes a few minutes.
- Mortgage lender or landlord: If you own property, notify your mortgage lender. They will update their records and may ask you to sign amended documentation. If you rent, notify your landlord or letting agent.
- Utilities and subscriptions: Gas, electricity, broadband, insurance, and other recurring services should all be updated. Most can be done quickly by phone or online.
- Vehicle registration: If you own a vehicle, update the V5C logbook with the DVLA once your driving licence is updated.
Keep a running list of every organisation you contact, the date you contacted them, and any reference numbers. This makes it easy to chase up if anything is missed.
Children and Name Changes: What You Need to Know
A common question after divorce is whether parents can change their children's surnames at the same time. The rules here are quite different from changing your own name, and it is important to understand them clearly.
In England and Wales, you cannot change a child's surname without either:
- The written consent of everyone with parental responsibility for the child, or
- A court order permitting the change.
This means that if both parents have parental responsibility (which is usually the case when the parents were married), both parents must agree in writing before a child's name can be changed. If the other parent does not agree, you would need to apply to the family court for a Specific Issue Order under the Children Act 1989.
Courts approach these applications carefully. They will always prioritise the child's welfare and consider factors such as the child's relationship with each parent and whether a name change genuinely benefits the child.
If you and your former partner do agree, the consent should be recorded in writing. A child's name can then be changed by deed poll, and their passport and school records updated accordingly.
Disagreements over children's names can become a significant source of conflict after divorce. If you are struggling to reach agreement, family mediation is often a more cost-effective and less adversarial route than going to court. The guide on mediation before divorce in England and Wales explains how the process works and when it may be appropriate.
A Note for Scotland: How Name Changes Differ North of the Border
This guide focuses on England and Wales, but it is worth flagging some key differences if you live in Scotland or if your divorce was processed through a Scottish court.
In Scotland, the process for changing your name is broadly similar in practical terms but operates under a different legal framework. Scotland does not have the same deed poll system. Instead, people typically use a statutory declaration made before a solicitor or notary public to evidence a name change.
If you are reverting to a former name after a Scottish divorce, your divorce documents (called a divorce certificate in Scotland, rather than a final order) and your marriage certificate will generally be accepted by most organisations in the same way as in England and Wales.
For a full overview of how divorce works in Scotland, including the documents produced and the process involved, the complete guide to divorce in Scotland covers everything you need to know.
If you are unsure which legal system applies to your situation, the general rule is that it depends on where you were habitually resident when you divorced, not where you married. If in any doubt, seek brief advice from a Scottish family law solicitor.
Do You Need a Solicitor to Change Your Name After Divorce?
The short answer is no. For the vast majority of people in England and Wales, changing your name after divorce does not require a solicitor at all. The process is administrative rather than legal, and the documents involved, your final divorce order, marriage certificate, and deed poll if needed, are straightforward to obtain and use yourself.
Where a solicitor might genuinely help is in more complex situations, such as:
- Disputing a children's name change through the courts.
- Updating property ownership documents where a change of name must be registered at HM Land Registry alongside other conveyancing work.
- International complications, for example if you hold a foreign passport or have dual nationality and need to update records in another country.
If you do consult a solicitor for any reason, be aware that family solicitors in the UK typically charge between £150 and £400 or more per hour. Even a single letter or phone call can add up quickly.
For most people, the name change process is entirely manageable without professional help. The same is true of divorce itself. Many couples now complete their divorce without a solicitor, using clear guidance rather than expensive legal advice. If you are curious about that option, the guide on how to divorce without a solicitor in the UK explains exactly how it works.
At Clarity Guide, we believe that clear, affordable information should be available to everyone going through divorce. Our full divorce guide is available from just £37, covering every stage of the process in plain English, without the hourly rate.
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