Difference between revisions of "Changing Your Name"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(16 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = [https://411.ca/business/profile/12151859 Amber van Drielen], One World Law Group|date= February 2020}} {{Dial-A-Law TOC|expanded = relationships}}
{{Dial-A-Law Blurb}}
If you’re getting married or divorced, you may be thinking about changing your legal name. Or maybe you just feel like changing your name. Learn what’s involved in a name change.
{{PLSStorybox
| image = [[File:Jacinda.png|link=]]
| text = “My spouse and I are getting divorced. When we married 21 years ago, I took his last name. My credit cards, bank accounts, and even my driver’s licence are in my married name. On separating, I thought I might have to make some kind of application to change my last name back to my maiden name. But, it turns out I don’t have to — I can just start using my maiden name again.”<br>– Jacinda, Abbotsford, BC
}}


This script discusses changing your name, including when you get married or divorced, as well as changing a child’s name.
==What you should knows==


==In general, you can use whatever name you want==
===What name you use===
This is true as long as you aren't changing your name for improper reasons, like avoiding paying your debts. However, important government documentation, such as passports and drivers’ licences, will only be issued in your legal name.
Government identification, such as a passport or driver’s licence, is only issued in your '''legal name'''. Anyone age 19 or older can apply to change their legal name [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec4_smooth under the law in BC]. They can choose any new name they want. But the change can’t cause embarrassment or confusion to anyone. It also can’t be objectionable or used for an improper purpose — such as avoiding paying your debts.


==Marriage is one situation where people may change their names==
We explain the process to apply for a legal name change below.
Many people, women especially, choose to use their spouse’s last name when they marry. Actually, you have a number of choices for your last name when you get married:


*You can each keep the same last name that you had before the marriage, including, for example, your previous married last name if you were married before.
===If you get married===
*You can take the last name of the person you’re marrying.
When they marry, some people choose to change their last name. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec3_smooth Under BC law], you have a number of choices for your last name when you marry:
*You can use the last name that you had at birth or by adoption.


These changes can be made automatically. Other name changes require an application to the Vital Statistics Agency:
* You can keep the last name you had before the marriage.
* You can use the last name you had at birth or by adoption.
* You can take the last name of the person you’re marrying.


*You and your new spouse can apply for an entirely new last name. For example, Mary Smith and Robert Jones can apply to have their names legally changed to Mary and Robert Black. Or to Cecilia and Walter Black, if they wish.
This applies to both men and women and to same-sex and opposite-sex couples. You can choose any of these options and start using that name.
*You can apply to have a combined or hyphenated last name of both your spouse’s and your own last name, such as Smith-Jones.


You don’t have to change your name if you don’t want to.
(You don’t ''have'' to change your last name if you don’t want to.)


==How do you get ID in your new name after getting married?==
====No application required====
You can start getting identification and other documents, like credit cards, business cards and so forth, in your new name as soon as you like. For automatic name changes that don’t require an application to the Vital Statistics Agency, you’ll need to provide a copy of your government-issued marriage certificate. If you had to apply for a name change, you’ll need a copy of your certificate of change of name.  
To be clear, for any of the above options, you '''do not''' have to complete a legal name change or make a court application. You can simply start using that name and apply for and get identification (such as a driver’s licence) in your new name right away. The same goes for other documents like credit cards, business cards, and so forth. You just need to provide a copy of your government-issued '''marriage certificate'''.


==When do you need to apply for a legal change of name?==
====Using a hyphenated, combined, or new last name====
You have to apply for a legal name change if you want an entirely new last name or if you want a hyphenated surname.
On getting married, if you and your spouse want to use a hyphenated or combined last name, or switch to an entirely new last name, you must '''apply''' for a legal change of name. It is not automatic. We explain the process shortly.


==How do you apply for a legal change of name?==
{| class="wikitable"
You must be at least 19 years old and have lived in BC for three months, or consider BC your permanent residence, before making your application. In addition, you must be able to provide certain supporting documents such as:
|align="left"|'''Tip'''
The choice of taking the last name of the person you’re marrying doesn’t apply to common-law relationships. This is because [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec3_smooth the law involved only mentions name changes after marriage]. Common-law spouses can keep their own last name ''or'' apply for a legal name change.
|}


*An original birth certificate if you were born in Canada
===If you get divorced===
*Certified copies of immigration and citizenship documents if you weren’t born in Canada
If you divorce, you may '''choose''' to use any of the following last names:
*An original marriage certificate if you were married in Canada
*A photocopy of your marriage certificate if you were married outside of Canada


You may also be asked to show proof of residency. In addition, you may need consent forms if you’re applying to change the name of a child under the age of 19.
* the last name you used while you were married
* a previous married last name, if you were married before
* your last name at birth


Note that the originals of the supporting documents that you provide with your application won’t be returned to you upon completion of the change of name, so make photocopies first.
You '''don’t''' have to apply for a legal change of name. You can just start using one of these last names.


==The first step is to obtain a Change of Name application package==
====If you want a completely new name====
These forms can be obtained by picking them up in person from any Vital Statistics Agency or government office, or by ordering them from the Vital Statistics Agency by telephone, fax or email. The phone number for the Vital Statistics Agency is 250.952.2681 in Greater Victoria, and their website is [http://www.vs.gov.bc.ca www.vs.gov.bc.ca]. Because specialized envelopes, specifically designed for the application process, must be used, these forms aren’t available for downloading from the Internet.
After your divorce, if you want to change your name to a name you’ve never used before, there’s a special procedure. You have to ask for the new name in your notice of family claim or counterclaim. Then you file the appropriate forms asking for the name change with your divorce application. (By taking this approach, you don’t have to get a certified criminal record check, which is otherwise a required step in applying for a legal name change.)


==Fingerprinting and a criminal record check is next==
==Applying for a legal name change==
Once you’ve completed the Application for Change of Name, take it together with the required fee and supporting documents to your local police or RCMP detachment. As of October 1, 2002, anyone 18 or over who wants to change their name must have their fingerprints taken. The officer taking the prints will then forward them in a sealed envelope, along with the application form and all related fees and documents, to the Vital Statistics Agency in Victoria for processing. Fees for fingerprinting must be paid directly to the local police or RCMP, and these fees are in addition to the fees for the Application for Change of Name.
For a name change that requires you to make an application, here are the steps involved.


==Can a name change be refused?==
===Step 1. Make the application===
The Vital Statistics Agency will decide whether to grant or refuse your application. It will be refused if it appears to be made for an improper purpose or if the director believes that the name change would cause confusion or embarrassment to anyone.
To carry out a legal change of name, you need to apply to the BC Vital Statistics Agency. You must be at least 19 years old. As well, you must have lived in BC (or had a permanent residence in BC) for at least three months before making your application.


==What happens if your name change is granted?==
To start the process, you fill out an '''application for name change'''. [https://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name/legal-change-of-name-application You can complete the application form online] or in person [http://www.servicebc.gov.bc.ca/ at a Service BC location].
After your application has been processed and the name change registered, the envelope containing your fingerprints will be sent by the Vital Statistics Agency to the RCMP in Ottawa to conduct a criminal record check. The RCMP will then return your fingerprint record to you. Your fingerprint record won’t be kept on file with the local police detachment, the Vital Statistics Agency or the RCMP as a result of this application process.


==A copy of your Certificate of Change of Name will be sent to you==
With the application, you need to provide certain supporting documents and the required fee. The supporting documents vary, depending on your situation:
This will allow you to apply for other identification in your new name.


==The name change will be recorded in government records==
* If you were born in Canada, you must provide an '''original''' Canadian birth certificate.
Your change of name will be published on a private government Change of Name web site. As well, if your birth or marriage is registered in BC, a note will be made on the original registration, and any later copies will be issued in your new name. But a marriage registration won’t be changed where there has been a divorce or if the husband or wife has died.
* If you were born outside Canada, you must have '''certified copies''' of immigration and citizenship documents.
* If you were married in BC, you must provide an '''original''' BC marriage certificate.
* If you were married outside of BC or Canada, you must provide a '''photocopy''' of your marriage certificate.


==Do you need a lawyer?==
===Step 2. Get a criminal record check===
You don’t need a lawyer to prepare the Application for a Change of Name. But if you’re trying to change the name of a child in your custody and cannot obtain permission from the other parent, you should talk to a lawyer.
In support of your name change application, you must get a certified '''criminal record check'''. This has to happen '''within 30 days''' of applying for the name change. The process starts with getting your fingerprints taken. Contact your local police or [https://www.rcmp-grc.gc.ca/en/criminal-record-checks the RCMP] for information on getting a certified criminal record check.


==What if you divorce, or just want to return to a previous name?==
===Step 3. Certificate of change of name===
Then you may choose any of the following:
After your legal name change application has been processed and the name change registered, you’ll get a copy of your '''certificate of change of name'''. Now you can apply for other identification in your new name.


*Your current married last name from before the divorce
The name change will be recorded in government records. As well, if your birth or marriage is registered in BC, a note will be made on the original registration. Any later copies will be issued in your new name.
*Your previous married last name, if you were married before
*Your name at birth


You don’t have to apply for a legal change of name, you can just start using one of these last names.
==Who can help==


==What if you’re divorcing and want a completely new name?==
===With more information===
If you want to change your name to a name you’ve never used before, there’s a special procedure provided at the time of a divorce. You can file the appropriate forms with your application for the final divorce order, but you must have asked for this order in your Notice of Family Claim or Counterclaim. By using this procedure you can avoid the fingerprinting process and the criminal record check. (This procedure isn’t necessary if the change is back to your maiden surname or your previous married surname.)
The '''Vital Statistics Agency''' is the government office that deals with legal change of name applications.


==Where can you get more information?==
* Call 1-888-876-1633 (toll-free)
* [https://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name Visit website]


*See the website of the Vital Statistics Agency at [http://www.vs.gov.bc.ca www.vs.gov.bc.ca], or phone the Agency in Victoria at 250.952.2681.
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has information on names and changes of name.
*See also the Naming & Change of Name page of the wikibook JP Boyd on Family Law, published by Courthouse Libraries BC, at [[Naming and Changes of Name]].


* [[Naming_and_Changes_of_Name|Visit website]]


[updated November 2014]
===Free and low-cost legal help===
 
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].
 
----
----
 


{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}

Latest revision as of 02:59, 27 April 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Amber van Drielen, One World Law Group in February 2020.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Work & Business
Families & Children
Family Relationships
 · Introduction to Family Law

 · Getting Married

 · Marriage & Cohabitation Agreements

 · Couples Who Are Not Spouses

 · Family Violence

 · Changing Your Name
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
v • d • e

If you’re getting married or divorced, you may be thinking about changing your legal name. Or maybe you just feel like changing your name. Learn what’s involved in a name change.

Jacinda.png
“My spouse and I are getting divorced. When we married 21 years ago, I took his last name. My credit cards, bank accounts, and even my driver’s licence are in my married name. On separating, I thought I might have to make some kind of application to change my last name back to my maiden name. But, it turns out I don’t have to — I can just start using my maiden name again.”
– Jacinda, Abbotsford, BC

What you should knows

What name you use

Government identification, such as a passport or driver’s licence, is only issued in your legal name. Anyone age 19 or older can apply to change their legal name under the law in BC. They can choose any new name they want. But the change can’t cause embarrassment or confusion to anyone. It also can’t be objectionable or used for an improper purpose — such as avoiding paying your debts.

We explain the process to apply for a legal name change below.

If you get married

When they marry, some people choose to change their last name. Under BC law, you have a number of choices for your last name when you marry:

  • You can keep the last name you had before the marriage.
  • You can use the last name you had at birth or by adoption.
  • You can take the last name of the person you’re marrying.

This applies to both men and women and to same-sex and opposite-sex couples. You can choose any of these options and start using that name.

(You don’t have to change your last name if you don’t want to.)

No application required

To be clear, for any of the above options, you do not have to complete a legal name change or make a court application. You can simply start using that name and apply for and get identification (such as a driver’s licence) in your new name right away. The same goes for other documents like credit cards, business cards, and so forth. You just need to provide a copy of your government-issued marriage certificate.

Using a hyphenated, combined, or new last name

On getting married, if you and your spouse want to use a hyphenated or combined last name, or switch to an entirely new last name, you must apply for a legal change of name. It is not automatic. We explain the process shortly.

Tip

The choice of taking the last name of the person you’re marrying doesn’t apply to common-law relationships. This is because the law involved only mentions name changes after marriage. Common-law spouses can keep their own last name or apply for a legal name change.

If you get divorced

If you divorce, you may choose to use any of the following last names:

  • the last name you used while you were married
  • a previous married last name, if you were married before
  • your last name at birth

You don’t have to apply for a legal change of name. You can just start using one of these last names.

If you want a completely new name

After your divorce, if you want to change your name to a name you’ve never used before, there’s a special procedure. You have to ask for the new name in your notice of family claim or counterclaim. Then you file the appropriate forms asking for the name change with your divorce application. (By taking this approach, you don’t have to get a certified criminal record check, which is otherwise a required step in applying for a legal name change.)

Applying for a legal name change

For a name change that requires you to make an application, here are the steps involved.

Step 1. Make the application

To carry out a legal change of name, you need to apply to the BC Vital Statistics Agency. You must be at least 19 years old. As well, you must have lived in BC (or had a permanent residence in BC) for at least three months before making your application.

To start the process, you fill out an application for name change. You can complete the application form online or in person at a Service BC location.

With the application, you need to provide certain supporting documents and the required fee. The supporting documents vary, depending on your situation:

  • If you were born in Canada, you must provide an original Canadian birth certificate.
  • If you were born outside Canada, you must have certified copies of immigration and citizenship documents.
  • If you were married in BC, you must provide an original BC marriage certificate.
  • If you were married outside of BC or Canada, you must provide a photocopy of your marriage certificate.

Step 2. Get a criminal record check

In support of your name change application, you must get a certified criminal record check. This has to happen within 30 days of applying for the name change. The process starts with getting your fingerprints taken. Contact your local police or the RCMP for information on getting a certified criminal record check.

Step 3. Certificate of change of name

After your legal name change application has been processed and the name change registered, you’ll get a copy of your certificate of change of name. Now you can apply for other identification in your new name.

The name change will be recorded in government records. As well, if your birth or marriage is registered in BC, a note will be made on the original registration. Any later copies will be issued in your new name.

Who can help

With more information

The Vital Statistics Agency is the government office that deals with legal change of name applications.

The wikibook JP Boyd on Family Law, hosted by Courthouse Libraries BC, has information on names and changes of name.

Free and low-cost legal help

Options for legal help include legal aid, pro bono services, legal clinics, and advocates. See our information on free and low-cost legal help.

v • d • e
 
Families & Children
Family Relationships
Divorce & Separation
Children
Resolving Family Disputes
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Changing_Your_Name&oldid=48975"