Veronica asks:

I have a couple that had a commitment ceremony four years ago and legally changed their names, and are now wanting to get married. What names should I use on the paperwork? What’s on their birth certificate?

In a word, no. When a person changes their name legally, they forfeit the right to use the name on their original birth certificate. How this happens is a little more complex than that though…

Change of name by deed poll

In the olden days (i.e. pre-October 1986 in Victoria, slightly later in other states), a person could change their name by deed poll. A solicitor would draw up a deed, and lodge it with BDM. That process was phased out across the country by the late 1990s, and replaced by the name change registration process managed by Registries of Births, Deaths and Marriages in every state.

If a party to a marriage changed their name by deed poll, they gave up their right to use the name on their birth certificate, so the name on their deed poll documentation must be used on their marriage documentation. 

Change of name through BDM

When someone changes their name through Births, Deaths and Marriages, what they’re doing depends on whether they were born in Australia or overseas. 

Change of name through BDM – born in Australia

If a person was born in Australia and wants to legally change their name, they do so through the BDM in the state in which they were born, regardless of which state they are currently living in. They are literally changing the name on their birth record, and a new birth certificate will be issued to them. The new birth certificate will show their name at birth and their new name, and include a history of changes on the back of the certificate. 

If a party to a marriage was born in Australia and changes their name legally through BDM, they must use the new name that is listed on their new birth certificate on their marriage documents. They have given up the right to use the name that was given to them at birth, and cannot choose to revert to their birth name for the purposes of their marriage documentation. 

Change of name through BDM – born overseas

If a person was born overseas and wants to legally change their name, they can do through the BDM in the state in which they live, as long as they can show evidence of living in that state for at least 12 months. In this case there BDM does not have access to their birth record, so they are merely registering a legal change of name. They will receive a ‘change of name’ certificate showing their name at birth and their new name, along with a history of changes on the back of the certificate. 

If a party to a marriage was born overseas and changes their name legally through BDM, they must use the new name that is listed on their change of name certificate on their marriage documents. They have given up the right to use the name that was given to them at birth, and cannot choose to revert to their birth name for the purposes of their marriage documentation. 

Proof of date and place of birth

Remember that if you sight deed poll documentation or a change of name certificate as proof of their name, you still need to sight either a birth certificate or a passport as proof of their date and place of birth. 

Just out of interest…

In Victoria when you change your name through BDM, you have to provide a reason for changing your name, not all names will be acceptable, and you can only change your name once in a 12-month period and three times in your lifetime!

Legal stuff

Using names that are different to names on birth certificates is covered on page 31 of the Guidelines on the Marriage Act 1961 for Authorised Celebrants 2018.