The decision to end a marriage is rarely taken lightly, and once made, many people simply want to move on. However, the legal reality of divorce in the UK is slow. Even with the new "No Fault Divorce" laws, there is a mandatory reflection period, meaning the process takes a minimum of six months—and often much longer.
For many, carrying an ex-partner's surname during this "limbo" period is painful or frustrating. A common question we receive is: "Do I have to wait for my Decree Absolute (Final Order) before I can go back to my maiden name?"
The answer is no. You can change your name immediately, regardless of where you are in the divorce process.
The "Separated" Status and Your Name
Legally, until your Decree Absolute or Final Order is issued, you remain married. This puts you in an administrative grey area regarding your name.
If you were already divorced, you could potentially use your Decree Absolute and Marriage Certificate to revert to your maiden name without extra cost. But because you don't have that final divorce paper yet, you cannot prove to the Passport Office or your bank that the marriage is over.
Therefore, if you want to change your name now, while you are merely separated, you must use a Deed Poll.
Why Use a Deed Poll During Separation?
A Deed Poll allows you to bypass the waiting time. It is a standalone legal declaration that you are abandoning your married name and adopting a new name (usually your maiden name) immediately.
The Benefits
- Immediate Closure: You can separate your identity from your partner’s straight away, which can be huge for mental wellbeing.
- Privacy: You can update your bank cards and work email so that day-to-day life reflects your new status, preventing awkward questions.
- Control: You stop waiting on the courts or your ex-partner to sign papers. This is one part of the process you control entirely.
Does This Complicate the Divorce?
Generally, no. Changing your name via Deed Poll does not stop or restart the divorce proceedings. However, you must keep your solicitor informed.
If you have already filed the divorce petition:
You should notify the court and your solicitor that you have changed your name. Your solicitor will simply update the file to note that "Jane Jones" is now legally "Jane Smith." Future documents (like the Decree Nisi/Conditional Order) will likely reference you as "Jane Smith (formerly Jones)."
If you haven't filed yet:
You can file for divorce under your new name, while noting your name at the time of marriage. This is very common.
Can I Change My Children’s Names Too?
This is the most critical caution. While you are free to change your own surname instantly via Deed Poll, you cannot change your children's surnames without your ex-partner's consent.
Even if you are separated, and even if the children live with you, the other parent still has "Parental Responsibility." Changing a child’s name without written consent from the other parent (or a court order) is illegal. If you want the children to match your new name, you must discuss this with your ex-partner first.
Step-by-Step Guide
- Apply for a Deed Poll: This takes just a few minutes online.
- Sign and Witness: Once it arrives, sign it in the presence of an independent witness.
- Notify Your Solicitor: Send them a copy so they can ensure your divorce paperwork is accurate.
- Update Your ID: Send the Deed Poll to the Passport Office and DVLA.
- Update Your Bank: Take the document into your branch to get a new debit card.
Summary
You do not need permission from your spouse or the court to change your own name. If you are ready to reclaim your identity but the legal system is moving too slowly, a Deed Poll is the key to unlocking your fresh start today.
Don't wait for the Final Order to start feeling like yourself again. Contact us today to order your Deed Poll and fast-track your name change.
