Advice for a woman getting divorced

If you’re divorced and you want to revert to your birth name, you may not need a deed poll.  As proof of your change of name, you can show:

  • your divorce documents (if you have been divorced in the U.K., your decree absolute)
  • your original marriage certificate
  • your original birth certificate
  • a signed statement confirming that you have reverted to your maiden name for all purposes

Divorce documents are not normally acceptable on their own as evidence of a change of name.  This is because divorce documents issued in England and Wales from 1971 no longer show the link between your married name and your maiden name.

If your divorce document does show both your married name and your maiden name, it may be accepted on its own (that is, without your marriage certificate) — provided that it clearly shows the link between your married name and your maiden name.

If you haven’t got a copy of one of the required documents, or you haven’t yet received your decree absolute, then you can change your name by deed poll — you don’t have to wait until your divorce is finalised.

Bear in mind that although some organisations (such as the DVLA) will accept a decree nisi instead of a decree absolute, HM Passport Office will only accept a decree absolute.

If you want to revert to a name that was not your birth name, then you will need a deed poll as proof of your name change.

To change only your title (e.g. from Mrs to Miss or Ms), there’s no need for a deed poll — see the section on how to change your title.

Changing your name by deed poll

You’ll need a deed poll to change your name if:

  • you haven’t got divorced, or you’re still in the process of getting divorced
  • you’ve got your decree nisi, but you haven’t got your decree absolute yet
  • you’ve lost your divorce documents
  • you haven’t got an (original) marriage certificate (bear in mind that the court that handled your divorce will normally have kept a copy of your marriage certificate)
  • you haven’t got an (original) birth certificate

Legally speaking, it doesn’t make any difference whether you use your divorce documents or a deed poll to change your name.  Either way, it’s not the document itself that changes your name, it’s just evidence of the fact that your name’s been changed — legally, your name is changed by usage.

I’ve lost my decree absolute, where can I get a copy?

You can get a copy of your decree absolute (or divorce decree in Scotland) from the court that originally issued it.

You can look up the court’s contact details by using the relevant court finder:

England & Wales

If your decree absolute was issued in England & Wales and you know which court issued it, it will cost £11 for a copy of the decree absolute if you know the case number.  If you don’t know the case number, it will cost £45 for every 10 years of records searched (even if you know the exact date).  To order you can apply online ↗ (the exact process depends on whether you have a case number or not).

If you can’t remember which court issued your decree absolute, you can ask the Bury St Edmunds Divorce Unit to search for it.  This will cost £65 for every 10 years of records searched.  To do a search you can either —

The Bury St Edmunds Divorce Unit will send you your decree absolute within about 45 days (unless they cannot find the decree, in which case you’ll get a “no trace” certificate).

Scotland

If your divorce decree was issued in Scotland —

  • If your divorce was granted before 1984, you’ll need to apply by writing to innerhouse@scotcourts.gov.uk.  Give as much detail as you can, for example the name of parties, the date of divorce / dissolution, and the date and place of marriage / partnership.  If you don’t know the date of divorce it may be recorded at the foot of your marriage certificate entry on Scotland‘s People ↗.  It will cost £22 for a copy of the divorce decree, including the search fee.
  • If your divorce was granted in 1984 or afterwards, you can order a divorce decree online ↗ from Scotland’s people.  Certificates cost £12 for the first one and £10 for extra copies.

Northern Ireland

If your decree absolute was issued in Northern Ireland, it will cost £16 for a copy of the decree absolute.  You must know the case reference number.  Once you know your case reference number —

  • if your decree absolute was granted before 1994, write to the Public Record Office of Northern Ireland (PRONI) at proni@communities-ni.gov.uk, or telephone 028 9053 4800 — making sure to tell them your case reference number
  • if your decree absolute was issued in 1994 or afterwards, contact the court (in Northern Ireland) ↗ which granted your decree absolute, with your case reference number and payment of £16

If you don’t know the case reference number —

  • If the decree absolute was granted before 1996, you’ll have to apply to the Matrimonial Office for a search to confirm that a decree absolute was granted and to find out the case reference number.  To do a search, fill in the form ↗ and send it with your payment to Matrimonial Office of the Royal Courts of Justice in Belfast.  This costs £47.
  • If the decree absolute was granted in 1996 or afterwards, you can apply online using the online ICOS service (login required) ↗.  This costs £31 and you’ll need to create an ICOS account first.

I’ve lost my marriage / birth certificate, where can I get a copy?

For births and marriages registered in England & Wales, you can get replacement certificates from the General Register Office ↗.  Each certificate you order will cost £16, or £12.50 if you know the GRO index reference.  To make an order you can apply online (registration required) ↗.

It’s a good idea to search the GRO indexes (login required) ↗ before ordering a replacement certificate, as it means you’ll save £3.50 on your order and it‘ll be processed quicker.  Bear in mind that it depends on when you were born — not all birth certificates are indexed yet.  You can also view index reference numbers for free on the FreeBMD website ↗

If you were born or married in Scotland, you can get replacement certificates from Scotland’s People ↗.  Certificates cost £12 for the first one and £10 for extra copies.  To order a copy you’ll need to fill in the online form ↗.

For more details, you can read the guide to the (Scottish) statutory register of marriages ↗.

For births or marriages registered in Northern Ireland, you can get replacement certificates from the General Register Office Northern Ireland ↗.  Certificates cost £15 for the first one and £8 for extra copies.  To order you’ll need to fill in the online form ↗.