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Difference between revisions of "How Do I Change My Name after Marriage or Divorce?"
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How Do I Change My Name after Marriage or Divorce? (view source)
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A 2003 decision of the Supreme Court of Canada, ''[http://canlii.ca/t/1g6ph Trociuk v. British Columbia]'', 2003 1 S.C.R. 835, held that fathers should have a say in their children's names, contrary to the provisions of the ''Vital Statistics Act'' in force at the time. This decision also affects the right of unacknowledged fathers to be listed on their children's birth certificates. On June 4, 2004, the act was amended to comply with the court's decision, and s. 4.1 of the ''Vital Statistics Act'' now allows the courts of British Columbia to make an order changing a child's surname when it makes a declaration of paternity. | A 2003 decision of the Supreme Court of Canada, ''[http://canlii.ca/t/1g6ph Trociuk v. British Columbia]'', 2003 1 S.C.R. 835, held that fathers should have a say in their children's names, contrary to the provisions of the ''Vital Statistics Act'' in force at the time. This decision also affects the right of unacknowledged fathers to be listed on their children's birth certificates. On June 4, 2004, the act was amended to comply with the court's decision, and s. 4.1 of the ''Vital Statistics Act'' now allows the courts of British Columbia to make an order changing a child's surname when it makes a declaration of paternity. | ||
Now, while you're free to name your child as you wish, there are some limits. You've probably heard of Dweezel and Moon Unit Zappa, and you probably know people named Sunshine and Starlight. Under s. 9 of the | Now, while you're free to name your child as you wish, there are some limits. You've probably heard of Dweezel and Moon Unit Zappa, and you probably know people named Sunshine and Starlight. Under s. 9 of the ''Act'', the agency's chief executive officer has the authority to refuse to register the birth — and consequently to refuse to issue a birth certificate — for children whose names the chief executive officer believes: | ||
<blockquote><tt>(a) might reasonably be expected to <span class="noglossary">cause</span></tt></blockquote> | <blockquote><tt>(a) might reasonably be expected to <span class="noglossary">cause</span></tt></blockquote> | ||
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==Changing names== | ==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 | 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 | 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: | 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: | ||
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===Change of name on divorce=== | ===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 | 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==== | ====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 | 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. | 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. | ||
