To Change A Name
By:
Andrew D. Ain, & Zarah Walpole
One of the first decisions women make after getting married is whether to keep using their birth surnames or assume their spouses last name. It is a decision fraught with emotion, gender and family politics. I hope this article will help in making that decision by laying out the legal and practical effects of keeping or changing your surname.
From a legal standpoint this article applies equally to men – they are entitled to assume or legally change their names to that of their spouses or common law partners. The practical reality is that in our society, men rarely consider this option.
The easiest choice from a legal and practical standpoint, is not to change your birth name. You get married but nothing else changes. There is no need to change your birth certificate, driver’s licence, passport, credit cards or business cards. You simply choose whether to correct others when they call you by your spouse’s surname or smile and respond.
For others, the value of changing their name is worth the effort. In this case, you need to decide whether to assume your spouse’s surname or legally change your name.
You may assume your spouse’s surname or a combination of your old surname and the new one using a hyphen, simply by using it. In fact, most communities and organizations accept this practice with proof of marriage. This is not the same as a formal change of name and does not change the name on your birth certificate or passport. Practically speaking, you exercise this option by going to the Driver and Vehicle Licence Issuing Office and have your name changed on your driver’s licence based on the information contained in your marriage licence. From there you have documents such as new credit cards issued based on your driver’s licence. If you wish to revert to your legal name, you simply revert back. This option is perfectly legal and accepted by the Ontario government.
Your other option is to legally change your name (either taking your spouse’s surname or a combination) under the Change of Name Act. The Ontario Ministry of Government Services website at http://www.cbs.gov.on.ca/MCBS/english/change_name.htm will walk you through the process.
In summary, you will need to file an Election Change of Name Form together with your marriage certificate and all of your birth certificates (and change of name certificates, if you have done this before) in your possession. If you were born in Ontario the government will register the change of name, note it on the birth registration and issue you a change of name certificate and a new birth certificate. If you were born outside of Ontario, the government will register the change of name and issue you a change of name certificate. The legal effect is to wipe away your previous identity and replace it with a new one.
A few further notes. Getting married is not the only reason for changing ones name. Couples who live together in a conjugal relationship may also change their surname(s) if they file a form called a Joint Declaration of Conjugal Relationship. I’m involved in assisting a woman escaping from an abusive relationship to change her name and all of her identification under the Change of Names Act. And some people legally change their name just because they dislike their given names. It’s all perfectly legal though it can be time consuming process.
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The above is not intended to constitute
legal advice. Please contact a lawyer to clarify your
legal rights.
