Changing children's names after divorce

Can I change my child's surname now that I am divorced?

If your child is under 16, you cannot change your child's surname (to include adding an additional hyphenated name) unless you have the consent of the other parent (or whoever you might share parental responsibility with - see What is 'parental responsibility'?) or, alternatively, the permission of the court.

If a court is asked to decide the issue, it will want to determine what is in the child's best interests. It will not carry much weight that a parent simply wants the child's surname to become the same as their own. Instead, the court will consider the wishes and feelings of the child (if that is appropriate in light of the child's age and level of understanding), the reasons why the child's surname was originally registered as it was and what impact a change will have on the child and their connection to each of their parents.

Once a child reaches the age of 16, the child can change their own surname without their parents' consent.

In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.

We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).

These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.

Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.

Headshot of Sarah Carter smiling to camera

Get in touch

Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce.  Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.

Divorce and family services

+44 20 7597 6384 Email Sarah

More children FAQs

Can children's arrangements be changed as circumstances change?  Can I move abroad with my child after divorce or separation? Do I have to go to court to decide where our children will live after divorce or separation? Do I need the other parent's permission to take my child on holiday abroad? Does one parent have to pay child maintenance to the other following separation?
How can we minimise the impact of divorce or separation on our children? How do we decide child 'custody' after divorce or separation? How do we make decisions about schooling and other important things now that we are separated? How does a court decide living arrangements for children after divorce or separation?
My former partner will not let me see my child. Should I get a child arrangement order? What is a typical set of arrangements for a child when their parents divorce or separate? What is 'parental responsibility'? Will our child have to play any part in court proceedings about him/her?