Educational Resources

Changing Your Name After Divorce in Ontario: Process, Child Name Changes, and Required Updates

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

In Ontario, many individuals choose to change their name after a divorce, often reverting to their maiden name or a previous surname. As of 2024, the process has become more streamlined, but it still requires understanding the legal steps, considerations for changing a child’s name, and the various places you need to update your new name. This article provides a comprehensive guide to navigating the name change process in Ontario following a divorce.

Assume A Last Name Due to Marriage

Assuming your spouse’s last name is a straightforward process that impacts key government-issued documents, including your health card, driver’s license, and Ontario Photo Card. There’s no financial cost associated with this change, and you can expect to receive your updated documents by mail within 6 to 8 weeks.

Aliza Muller, Associate Lawyer

It’s essential to note that assuming your spouse’s last name after marriage doesn’t alter the information on your Ontario birth registration and birth certificate, and as such these documents retain your original details.

To initiate the process, head to a ServiceOntario center with the following:

  1. Marriage Certificate
    • This is not the “Record of Solemnization of Marriage” provided by your marriage officiant.
    • You need to apply for a marriage certificate as it’s not automatically issued to you.
  2. Current photo health card (if you do not have a photo health card, you must bring 3 original documents to prove you are a Canadian citizen and Ontario resident)
  3. Driver’s license or Ontario Photo Card

When assuming your spouse’s last name, it’s crucial to record the full last name exactly as listed on the marriage certificate, including any hyphenated elements. If you desire only a portion of the hyphenated name, you’ll need to pursue a legal name change.

While your government-issued documents are a priority, it’s equally vital to update your last name with other organizations where you hold accounts. Reach out to each entity and inquire about their specific requirements for this change. Most organizations will request a copy of your marriage certificate.

Legally Change Your Last Name

If you choose not to assume a last name due to marriage and you want to legally change your last name, you will need to apply for a legal name change.

Eligibility Criteria

Before initiating the process, it’s crucial to ensure you meet the eligibility criteria:

  • Age: You must be 16 years of age or older.
  • Residency: You should have lived in Ontario for the past 12 months.

Special Considerations

Age 16 or 17: Consent from every person with legal authority of decision-making responsibility is required. Complete Part 3 of the application.

Married or Joint Declaration of Conjugal Relationship: If married or in a conjugal relationship, you must notify your partner/spouse of the name change. Complete Part 2 of the application.

Police Records Check

If a police records check is needed as part of your legal name change application, download the Requirements for a Police Record Check for a Change of Name form to ensure compliance with all necessary regulations.

How to Apply

  1. Download Forms:
    • Download the Application to Change an Adult’s Name and the Requirements for a Police Record Check for a Change of Name.
    • Alternatively, call ServiceOntario for form delivery.
  2. Submit:
    • Complete the form, attach payment, and gather required documents.
    • Choose between two submission methods:
      • Submit by Mail: Mail to ServiceOntario, Office of the Registrar General, P.O. Box 3000, 189 Red River Road, Thunder Bay, ON, P7B 5W0.
      • Submit in Person: Bring the completed form, payment, and documents to ServiceOntario, 47 Sheppard Avenue East, Unit 417, 4th Floor, Toronto, ON, M2N 5N1.

Cost

The cost for an adult name change is $137.

Documents You Will Receive

Upon approval of your name change, you’ll receive a Change of Name Certificate. This document reflects both your previous and new names and can be used to update other personal documents, including your health card.

Every person born in Ontario who changes their name will also get a new birth certificate in their new name. The birth certificate that is automatically issued does not contain parental information. If you wish to apply for a birth certificate with parental information or a certified copy of the birth registration, you can do so by submitting a Request for Birth Certificate application and the associated payment. If you were born elsewhere in Canada, notice of your name change is sent to the vital statistics office in the province or territory (except Quebec) where you were born. You will need to apply to that vital statistics office to obtain a new birth certificate.

Elect to Go Back to Your Previous Last Name

If you elected to legally change your last name due to marriage or conjugal relationship, you can change your name back to your previous last name.

The Process

  1. Eligibility: This service is available only if you initially changed your last name through the discontinued Election to Change Surname service.
  2. Form Submission: Obtain the necessary form, the Election to Resume Former Surname – Form 2, by contacting ServiceOntario
    • Reach out to our office via the following methods:
    • Toll-free: 1-800-461-2156 (North America), 416-325-8305 (Greater Toronto Area or internationally)
    • Send a written request to: ServiceOntario, Office of the Registrar General, P.O. Box 3000, 189 River Road, Thunder Bay, ON, P7B 5WO
  3. Submission Options:
    • Mail: Mail your completed forms, payment, and required documents to ServiceOntario, Office of the Registrar General, P.O. Box 3000, 189 Red River Road, Thunder Bay, ON, P7B 5W0
    • In Person: Bring your completed form, payment, and required documents to: ServiceOntario, 47 Sheppard Avenue East, Unit 417, 4th Floor, Toronto, ON, M2N 5N1

Cost and Delivery

Cost: The fee for this service is $25.

Delivery Time: If your application is complete and accurate, expect to receive your Change of Name Certificate and new birth certificate (if born in Ontario) by mail within 6 to 8 weeks from the date ServiceOntario receives the application.

Utilizing the Reversed Name Change

Once your name change back to your former surname is complete, the documents you receive, including the Change of Name Certificate and new birth certificate (if you were born in Ontario), can be used to update various government documents such as your driver’s license.

Navigating the Process of Child Name Change in Ontario

Eligibility Criteria

For a child’s name change to be legally recognized in Ontario, certain eligibility criteria must be met:

  1. Residency: The child must have lived in Ontario for the past 12 months or since birth if they are under 1 year old.
  2. Age: The child should be 17 years old or under.
  3. Marital Status: The child must not be married.
  4. Consent: If the child is 12 years of age or older, their consent to the name change is required.

Moreover, there should be no court orders or separation agreements in place that prohibit the change of name.

Consent and Notification

Changing a child’s name requires consent from each adult with legal custody of the child. Additionally, every individual lawfully entitled to access the child must be given written notice of the name change. If there are existing court orders or written legal agreements related to custody, access, or naming of the child, photocopies must be submitted.

Application Process

To initiate the name change process, follow these steps:

  1. Print and complete the Application to Change a Child’s Name and the Requirements for a Police Record Check for a Change of Name. These forms can be obtained by calling ServiceOntario or visiting their website.
  2. Carefully follow the instructions provided on the forms.
  3. Submit the completed form, payment, and required documents to ServiceOntario. This can be done either by mail or in person at the 47 Sheppard Ave. East ServiceOntario centre.

Cost

The cost for a child’s name change is $137. However, if submitted along with a parent’s name change application, the fee is reduced to $22.

Documents Issued

Upon approval of the name change, you will receive a Change of Name Certificate. This certificate includes both the child’s previous name and the new name. It can be used to update the child’s name on various personal documents, such as a health card.

Additionally, every person born in Ontario who changes their name will receive a new birth certificate in their new name. This automatically issued birth certificate does not contain parental information. If parental information is desired, a separate application for a birth certificate can be submitted.

For those born outside Ontario, notice of the name change is sent to the vital statistics office in the respective province or territory, excluding Quebec. To obtain a new birth certificate, one must apply to that vital statistics office.

Conclusion

Changing your name after a divorce is a personal decision that many individuals in Ontario make to start a new chapter in their lives. While the process involves several steps and updating numerous records, understanding the procedure and preparing accordingly can make it more manageable. By following the legal requirements, considering the implications for any children involved, and systematically updating your name across various institutions, you can ensure a smooth transition to your new identity post-divorce. Remember, this change is more than just paperwork; it’s a significant step in moving forward after a major life event.

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About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.