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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://411.ca/business/profile/12151859 Amber van Drielen], One World Law Group|date= February 2020}} {{Dial-A-Law TOC|expanded = relationships}}
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
}}


{{Dial-A-Law TOC|expanded = family}}
==What you should knows==
You may want to change your legal name because you’re getting married, because you’re getting divorced, or just because you feel like it. Learn what’s involved in changing your name.
 
==Understand your legal rights==


===What name you use===
===What name you use===
Government identification, such as passports and driver’s licences, are only issued in your legal name. Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec4_smooth law in BC], anyone age 19 or over can apply to  change their legal name. They can change their name to any name they choose, as long as the change isn’t likely to cause embarrassment or confusion to anyone or isn’t for an improper purpose or otherwise objectionable — such as changing your name to avoid paying your debts.  
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.


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


===If you get married===  
===If you get married===  
When they marry, some people choose to use their spouse’s last name. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec3_smooth BC law], when you marry, you have a number of choices for your last name:
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 keep the last name you had before the marriage.  
 
*You can use the last name you had at birth or by adoption.
* You can keep the last name you had before the marriage.
*You can take the last name of the person you’re marrying.
* 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 can choose any of these options without completing a legal change of name.  
(You don’t ''have'' to change your last name if you don’t want to.)


You can also apply for a legal change of name:
====No application required====
*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.
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'''.
*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.
====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.


===If you change your name on getting married===
{| class="wikitable"
For name changes that don’t require applying for a legal change of name, 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. You’ll need to provide a copy of your government-issued marriage certificate.  
|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.
|}


For name changes that require a legal change of name, you’ll need to provide a copy of your change of name certificate.
===If you get divorced===
If you divorce, you may '''choose''' to use any of the following last names:


===If you divorce===
* the last name you used while you were married
If you get divorced, you may choose to use any of the following last names:
* a previous married last name, if you were married before
*the last name you used while you were married  
* your last name at birth
*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.
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====
====If you want a completely new name====
If you want to change your name to a name you’ve never used before, there’s a special procedure 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 claim or counterclaim. By using this procedure you can avoid a criminal record check, which is a required step in applying for a legal change of 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 change of name===
==Applying for a legal name change==
You must be at least 19 years old and have lived in BC (or had a permanent residence in BC) for three months, before making your application.
For a name change that requires you to make an application, here are the steps involved.


====Making the application====
===Step 1. Make the application===
You must submit a [https://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name/legal-change-of-name-application change of name application], together with certain supporting documents and the required fee. The supporting documents vary depending on your situation:
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.
*If you were born in Canada, you must submit an '''original'''* Canadian birth certificate.
*If you were born outside Canada, you must submit certified copies of immigration and citizenship documents.
*If you were married in BC, you must submit an original BC marriage certificate.
*If you were married outside of BC or Canada, you must submit a photocopy of your marriage certificate.  


You also must get a '''criminal record check''. Within 30 days of applying for the name change, you must start the criminal record check process by having your fingerprints taken. Contact your local police or the RCMP at [http://www.rcmp.gc.ca/en/where-do-get-a-criminal-record-check rcmp.gc.ca] for information on getting a criminal record check.  
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].


====For the application kit====
With the application, you need to provide certain supporting documents and the required fee. The supporting documents vary, depending on your situation:
For the change of name application form and information on the process, contact the Vital Statistics Agency. Call 250-952-2681 in Victoria or toll-free 1-888-876-1633 elsewhere in BC, or visit their website at [https://www2.gov.bc.ca/gov/content/life-events gov.bc.ca/vitalstatistics].


===If your name change is granted===
* If you were born in Canada, you must provide an '''original''' Canadian birth certificate.
After your legal change of name application has been processed and the name change registered, a copy of your '''change of name certificate''' will be sent to you. This will allow you to apply for other identification in your new name.
* 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.


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, and any later copies will be issued in your new name.  
===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 [https://www.rcmp-grc.gc.ca/en/criminal-record-checks the RCMP] for information on getting a certified criminal record check.


==Get help==
===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.


===With more information===
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.
The '''Vital Statistics Agency''' is the government office that deals with change of name applications.
:Tel: 250-952-2681 in Victoria
:Toll-free: 1-888-876-1633
:Web: [https://www2.gov.bc.ca/gov/content/life-events gov.bc.ca/vitalstatistics]


The wikibook '''''JP Boyd on Family Law''''', hosted by Courthouse Libraries BC, has information on naming and changes of name.
==Who can help==
:Web: [https://wiki.clicklaw.bc.ca/index.php?title=Naming_and_Changes_of_Name wiki.clicklaw.bc.ca]


===With more information===
The '''Vital Statistics Agency''' is the government office that deals with legal change of name applications.


* Call 1-888-876-1633 (toll-free)
* [https://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name Visit website]


[updated August 2017]
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has information on names and changes of name.


'''The above was last reviewed for legal accuracy by Thomas E. Wallwork.'''
* [[Naming_and_Changes_of_Name|Visit website]]


----
===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]].


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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.

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.

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.

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