Change names after divorce - you need to know that

After a divorce, women in particular often want to change their names and thus return to their original birth names. It is also possible to revive the name from the previous marriage or to use a double name.

Change names after divorce - how it works

If you do nothing after the divorce, keep your current name automatically. If you want to change your last name, you have to take action yourself.

• You can only change the name if the divorce is also final. This is when the decision can no longer be appealed, for example because the spouse has declared that the appeal has been waived or because the one-month opposition period has expired.
• If you wish, you will receive a legal notice on your divorce decree. You need this for the name change. To get this, you have to send the decision to the responsible court again with a request for the note.
• The registry office where you married is responsible for the change of name. If you have moved since then, you can also go to the registry office of your current place of residence. This is also responsible if you have married abroad.
• You will need the following documents : your identity card or passport and the divorce decree including a legal notice. If you have moved again after your wedding, you also need a certified copy of your family book or your marriage register.
• There are about 20 to 40 euros fees. You should also not forget the costs of changing other documents.
• You don't have to hurry with it. If the divorce decree is final, you have unlimited time to change the name. Depending on the registry office, the processing can take different times.
• You will then receive a new name certificate from the registry office, which you must collect. Your new (old) name is now official.
• The name change is based on Section 1355 (5) of the German Civil Code. It is also possible after the death of a spouse. In this case you also need the death certificate to change the name.
• If you and your partner separated but did not divorce, it is not possible to have the name changed.
• Nobody can force you to change your name. So if you want to keep your name after the divorce, the former partner cannot change anything.

You can accept these names

If you want to change your name after the divorce, you have several options. You can accept your maiden name again, choose the previous family name or use a double name. If you have been given a double name through the marriage, you can have the prefix or appended addition removed and be called as before the wedding.

• Example: Tina Berndt, born Angler, divorces her first husband Tim Berndt and marries Kurt Dach. Tina Dach is now divorcing him too.
• She can now either continue to be called Tina Dach, accept her birth name Tina Angler or her previous name Tina Berndt.
• Tina Angler-Dach or Dach-Angler as well as Tina Dach-Berndt and Berndt-Dach would be possible as double names in this example.
• If Tina had adopted the double name Angler-Berndt or Berndt-Angler after her first wedding to Tim Berndt, she could have changed it back to Tina Angler after the divorce.

Changing names in children is difficult

After the divorce, your children will keep the common married name. If you marry again, under certain conditions you can take on the new married name.

• The children must not be married and must live with the parent who wants the name to be changed.
• The children must also be minors. If you are older than 5 years, you must also agree to the name change.
• The new spouse and the second parent must also agree if they have joint custody. The child must also agree when it comes to the name the child wants to give, even if they no longer have custody.
• Without this consent, a family court must decide whether the name can be changed or not. It can be easier if the child takes a double name.

The cost of changing the name and divorce should not be underestimated. In the next practical tip, we will tell you how you can deduct divorce costs from the tax as extraordinary costs.