How Do I Change My Name after Marriage or Divorce?

Issues about names mostly come up when:

• a child is born,
• people enter into marriage or are in a longer term committed relationship,
• people divorce or separate,
• someone wants to change the name of a child following separation,
• a name change is important for gender identity,
• someone wishes to reclaim an Indigenous name, and
• someone wants to change their name just because they feel like it.

The vast majority of the time in a family law context, name changes are connected to marriage and divorce events.

This guide provides an introduction to changes of name on marriage and divorce, and briefly addresses changes of name under the Name Act .

Naming children after birth

The provincial Vital Statistics Agency is the government organization that keeps track of people's births, deaths, wills, and names. Under section 3(1) of the Vital Statistics Act, both of the parents must complete a Registration of Live Birth unless one or both of the parents is incapable or deceased, or unless the father is unacknowledged or unknown to the mother. The registration must be delivered to the agency within 30 days of the birth of a child. This process is commonly handled online through the Vital Statistics Agency's Electronic Birth Registration System. Registration must be completed before the child's birth certificate can be issued, but the electronic process is now streamlined to let you also register for Canada Child Benefits (CCB), Social Insurance Number (SIN), and Medial Services Plan (MSP). If the situation is more complicated, however, like when registering a child is already over 1 year old, multiple parents are being recorded, or a surrogacy arrangement has been made, or if you don't have access to an internet-connected computer, you need to contact Vital Statistics directly. They will send you a registration package along with questions to complete.

The basic birth registration information includes:

• the name of the mother and father (if known and acknowledged),
• the gender of the child,
• the date of birth, and
• the name given to the child.

Under section 4 of the Vital Statistics Act, the child's surname can be:

• the name of either of the natural parents,
• the name of one of the parents,
• a combination of the parents' names, or
• another name entirely.

If both parents are acknowledged but cannot agree on a surname, the Vital Statistics Act mandates that the child's surname must be a combination of both parents' surnames, either hyphenated or combined in alphabetical order.

In cases where only one parent registers the birth, the law allows for the other parent to be included on the birth certificate and have a say in the child's surname, provided there is no justifiable reason to exclude them. This reflects the principle that both parents should have an opportunity to be involved in naming their child, as established by the Supreme Court of Canada in Trociuk v. British Columbia, 2003 1 S.C.R. 835.

Section 4.1 of the Vital Statistics Act also empowers the courts of British Columbia to change a child's surname when making a declaration of paternity, taking into consideration the best interests of the child.

Now, while you're free to name your child as you wish, there are some limits. You might have heard of Moon Unit Zappa or X Æ A-12 Musk. Under section 9 of the Act, the agency's registrar general has the authority to refuse to register the birth — and consequently to refuse to issue a birth certificate — for children where the registrar general believes:

(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or

(b) that the change of name is sought for an improper purpose or is on any other ground objectionable.

While it seems that the registrar general rarely rejects a name, and while such a rejection could be appealed to the Supreme Court, you should still be aware that this power exists.

Changing names

It is not illegal to use an alias in British Columbia, although you will not be allowed to obtain government identification or to make certain legal transactions, like the transfer of property, using an alias. An alias is a name other than your legal, registered name.

People often use aliases just because that's how people have come to know them, like a nickname, or because their real name is too hard for English-speakers to pronounce or spell easily. Most people who want to legally change their names do so because they were adopted, married, or divorced. Others do so for purely personal reasons. I remember reading a change of name notice for a fellow with the unfortunate name of Donald Duck.

You can apply to have a legal, registered name that differs from your birth or married name under the provincial Name Act. This is a purely paper process and a hearing before a judge won't be necessary in most cases. Section 4 of the act sets out who may apply for a change of name:

(1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having guardianship or custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.

(2) If the minister is satisfied that it is in the public interest to do so, the minister may waive the residency requirements of subsection (1).

(3) Subject to subsection (4), a parent having guardianship or custody of an unmarried minor child may, with the consent of all other parents having guardianship and other guardians of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.

(4) If a person applies to change the name of an unmarried minor child who has attained the age of 12 years, he or she must first obtain the consent in writing of the child.

(5) If a person whose consent is required under this Act

(a) is deceased or mentally disordered or cannot after reasonable, diligent and adequate search be located, or

(b) is, in the opinion of the registrar general, unreasonably withholding his or her consent,

the applicant may, with the approval of the registrar general, proceed with the application without the consent of that person.

(6) If, in the opinion of the registrar general, exceptional circumstances make it unreasonable to seek the consent of a person as required under this Act, the applicant may, with the approval of the registrar general, proceed with the application without the consent of that person.

When your name has been legally changed, the registrar general of the Ministry of Health's Vital Statistics Agency is required to make a notation on your birth certificate and on the registration of any current marriage. After the notation has been made, any future birth, marriage, or death certificates will show the new name. A Certificate of Change of Name will be issued that will allow you to obtain new identification, such as drivers' licences or BC Identification cards, in the new name.

Change of name on marriage

Many people change their names when they marry. Out of custom, wives often take their husbands' surnames, but there's no requirement that they do so, and there's nothing stopping a husband from taking his wife's surname. The options are wide open for same sex couples.

Choice of name

On marriage, section 3 of the Name Act allows a spouse to:

(a) use the surname he or she had immediately before the marriage,

(b) use the surname he or she had at birth or by adoption, or

(c) use the surname of his or her spouse by marriage.

This applies to both men and women, and to same sex and opposite sex couples, and no court application is required; the newly-married spouse simply starts using that name. To get identification in the new name, you will have to produce proof of your marriage (the government-issued marriage certificate) and proof of your old name (a driver's licence or BC ID).

The sort of marriage the act is referring to is a legal marriage solemnized by a marriage commissioner or licensed religious official; the rules about change of name on marriage do not apply to common-law relationships, i.e. unmarried spouses.

Hyphenated names

The Name Act does not deal with situations where spouses wish to take each other's surnames and use a hyphenated name, like Smith-Jones. Spouses who want to adopt a hyphenated name as their legal name will have to follow the Name Act process for obtaining a change of name, described below, to make their new name their registered, legal name.

On the other hand, the new hyphenated name can be used as an alias, the day-to-day name by which most people know you, without a formal change of name. It is not illegal to go by an alias in British Columbia. Note, however, that if you do not apply to have the new name registered as your legal name, you cannot use the alias for legal transactions, such as the transfer of property or obtaining a loan.

Change of name on divorce

Once an order for divorce or an order declaring the marriage to be a nullity has been made, a former spouse may begin using any legal name they had before marriage. No court application is necessary. Where identification was obtained in the married name or assets were purchased in the married name, a legal change of name will be required.

Orders for change of name

Where a spouse needs a legal change of name, the spouse may seek an order to this effect in the divorce proceeding and simply claim the change of name as part of what they are asking for in the Notice of Family Claim or Counterclaim.

An application for a change of name can also be dealt with in a separate proceeding altogether, usually by Petition and likely without an oral hearing. An application for a change of both given and last names may be dealt with by a hearing before a judge.

Children's names

An application for a change of name of the children of the marriage must be made with the consent of the other guardians, even when the person making the application may have custody of the children. (As of writing, the Name Act still used the term custody and had not yet been amended to use the less loaded term decision-making responsibility.) The consent of the affected children must also be obtained where they are 12 or more years old.

Change of name under the Name Act

If you don't qualify for an automatic change of name, you will have to follow the process outlined in the Name Act to change your name. The Vital Statistics Agency offers an Online Services feature that allows you to apply for a change of name online. It still requires you to print off documents in paper copy and submit them to Vital Statistics. The paper form called an Application for Change of Name can also be completed, and is necessary in cases where, for instance, you are changing the name of a child and your own name. It's not necessary to put an ad in the newspaper to change your name, but you will have to get your fingerprints taken, submit to a criminal records check, and get your statutory declaration properly sworn. Expect a fee to be charged by the police department that takes your fingerprints, and by whomever takes your statutory declaration (could be a notary, lawyer, or Service BC representative).

The process is fairly straightforward and a hearing before a judge is usually not necessary. The steps for most people are as follows:

1. get the change of name package from the Vital Statistics Agency,
2. if you're seeking to also change the name of a child, you must obtain the consents of the other guardians, the child (if the child is 12 or more years old), and your present spouse (if you are seeking to change the child's name to that of your spouse),
3. gather proof of identity, like birth certificates, for everyone affected by the change of name (usually, yourself and any children),
4. get your statutory declaration sworn before an authorized individual,
5. go to your local police detachment and submit to fingerprinting (you have to pay a fee for this service, but keep the receipt to submit to the Vital Statistics Agency),
6. the police will send in all the required information — the identification, the consents, your fingerprints, and so forth — to the agency, along with payment of the agency's fee, and
7. once your name change has been registered, the fingerprints will be returned to the police for a criminal records check.

Once the agency receives all of this information with their fee, they will begin processing the request. (Bear in mind that the agency's chief executive officer has the authority to refuse to register objectionable names — discussed earlier in this section.) If all is well, the chief executive officer will make the required changes to the birth certificates of the people affected by the application and, if applicable, to any current marriage certificate, and will issue a Certificate of Change of Name.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Nate Russell, October 19, 2023.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

The highest level of court in Canada. This court hears appeals from the decisions of the Federal Court of Appeal and the provincial courts of appeal, including the Court of Appeal for British Columbia. There is no court to appeal to beyond this court. See "Court of Appeal" and "Supreme Court."

In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order."

Fatherhood of a child, often contested by persons seeking to avoid a child support obligation. See "bastard" and "child support."

An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."

A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court applicant also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

A name by which people know you other than your legal name, such as Vanilla Ice if your legal name is Robert Matthew Van Winkle. Aliases are not illegal in British Columbia.

In property law, the act of an owner of a thing giving ownership of that thing to another person, usually in exchange for money or other property in the case of a sale, or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."

Something which can be owned. See "chattels" and "real property."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release."

A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner," which means something else altogether. See "age of majority."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits, and obligations. See also "conjugal rights," "consortium," and "marriage, validity of."

In family law, the act or process of taking another person's child as one's own. The child becomes the adopting parent's legal child as if the child were the adopting parent's natural child, while the natural parent loses all rights and obligations with respect to the child. See "natural parent."

A person who is validly married to another person as a result of a ceremony presided over by someone with the authority to conduct marriages. See "marriage" and "unmarried spouse."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

A court proceeding under the Divorce Act in which a spouse seeks a divorce order. See "divorce."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure" and "discovery."

Under the new Divorce Act, a term referring to a spouse's responsibility for making significant decisions about a child, including about healthcare, education, culture, language, religion, spirituality and extracurricular activities. Decision-making responsibility may be shared by both spouses, divided between spouses such that each has responsibility for different decisions, or allocated wholly to one spouse.

A legal document in which a person makes a written statement confirming they are doing something or declaring something is true for the purposes of satisfying some legal requirement, usually outside a court process, and usually made on oath or affirmation. See "act," "affidavit," "affirm" and "oath."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."