Although there is no legal requirement to do so, many separated or divorced women revert to using their maiden name. This is entirely a personal choice – as there is no legal requirement to do so. Your husband cannot make you stop using his surname if you wish to continue to do so after your separation. A wife will often retain the husband’s surname especially if the children also have that surname.
Changing your name is of course a separate issue to changing the surnames of your children. If you and your former partner do not agree to change your children’s names then an application will need to be made to the Family Court.
Read the article Changing Back to Your Maiden Name After Separation or Divorce by family lawyer Danielle Hadida on singlemum.com.au for more information and answers to the following questions –
But I never formally changed my name?
I registered my change of name when I got married, now what do I do?
Where do I have to change my name?
Also read –
The information published in this paper is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.