Changing the surname after divorce: How to do it and what does the choice of the surname of the child entail?

Right to change surname after divorce – who can apply and when?

After a divorce, the divorced wife (and less often the husband) has the right to request a return to the original surname they used before the marriage. This applies to women who have taken their husband’s surname as well as those who have added it to their original name. The application for a change of surname must be made within six months of the divorce becoming final. If this deadline is met, the process of changing the surname is exempt from fees. If the application is not submitted on time, a change of surname is possible later, but in this case it is already subject to an administrative fee.

As we have indicated, changing the surname is of course not limited to women. For women, however, it is still significantly more common that they take their husband’s surname after marriage and therefore the return to the original name typically concerns them. They can notify the return to their original surname at any registry office, where they can make the request verbally or in writing.

Example from legal practice

Changing a surname can happen really quickly and can bring legal complications. This is how we prepared draft purchase contracts for a client and also a petition for the registration of the Land Registry after a divorce. The client was due to appear the following day to sign the documents, but she did not tell us that she intended to revert to her maiden name. She thought that she would just file an application at the office and receive a decision in a few weeks. To her surprise, the office made a decision immediately and we were forced to redo all the documents.

How to apply for a change of surname

The application can be made at any registry office, either in person, in writing or orally on the record. If the application is made at a registry office where the marriage is not registered, the registry office will forward it, together with the marriage certificate and the divorce certificate, to the competent registry office that registers the marriage.

Several documents must be submitted with the application. The applicant must produce a valid identity card, a marriage certificate and a divorce certificate with an indication of legal validity if this record is not in the register. If the divorce was pronounced by a court outside the Czech Republic, the judgment must have the necessary certification and official translation into Czech.

If the application is filed within six months of the legal validity of the divorce, the change is free of charge. After this period, the change of surname is charged according to the current administrative fees. Once the change is approved, you must have new identity documents issued. However, the change is already in effect before the new documents are issued, similar to a wedding.

Choice of surname for a child of unmarried parents

The choice of a child’s surname if you are not married as parents depends primarily on the agreement between you. You can therefore choose both the mother’s and the father’s surname for your child. The decision on the surname is usually determined when the paternity is declared by consent at the registry office or when the child’s birth is registered.

If the parents do not reach an agreement on the surname, the registry office will notify the court, which will decide on the child’s surname. For children born to unmarried parents whose father is not on the birth certificate, the surname is typically assigned according to the mother’s surname. If paternity is established after the birth of the child, the parents may subsequently apply to change the child’s surname to the father’s surname (children over 15 years of age must agree to the change).

Changing the surname of a child after the divorce of parents

Changing a child’s surname after the parents’ divorce can be a complicated process, especially if the mother wishes to return to her maiden name and wants the child to carry that surname. Changing a minor child’s surname is subject to several conditions, most notably the consent of the other parent. If, after the divorce, the parents are unable to agree on changing the child’s surname, the mother must file a petition with the court, which may replace the consent of the other parent.

In addition, if the child has reached the age of 15, the child must also agree to any change in his or her surname. It is important that the change of the child’s surname does not conflict with the child’s interests and needs.

If the change of surname is approved, the parents must provide the registry office with all the necessary documents, including a final court decision, if required. Once the change is approved, new documents must be secured for the child.

Example from law practice

Mrs. Catherine went through a difficult divorce and after the divorce she decided to go back to her maiden name. She wanted her son Jacob to also carry her maiden name, given that he had been entrusted to her care and his father showed little interest in him. However, Jacob’s father did not agree to this change. He argued that the child should bear his father’s name and was already used to his name and there was no reason to change it.

Katerina contacted our law firm to help her with her court application. The petition thoroughly described how changing the last name would help the son better connect with the mother and her family’s new family environment. Given that the father showed minimal interest in his son and realistically spent about two days a month with him, it was clear that all interactions with authorities, doctors, school and other institutions would go to Ms. Katherine, making it optimal for her and her son to have the same last name.We put all of this in the motion.

The case was eventually heard in court, which after considering all the evidence and opinions presented, ruled in Katerina’s favor.

Practical implications of changing your surname – what not to forget?

Once a change of surname has been approved, whether for an adult or a child, there are some practical steps that applicants should not overlook. The first and most important is to apply for new personal documents such as an ID card, passport and possibly a driving licence. The change of surname must also be recorded in other official records, which may include health insurance, bank accounts, social security and tax offices, or schools and employers.

It’s also important to think about other contracts or memberships where the surname is listed – for example, with phone providers, internet providers, club memberships and more. Making a name change may sometimes require an official certificate from the registry office or a copy of a new identity document.

In addition, for a minor child, a change of surname must be reported to all institutions with which the child comes into contact – for example, school, health facilities and extra-curricular activities. Although this is a time-consuming process, doing it correctly will prevent future complications that could arise due to name and surname discrepancies.

Summary

Both the divorced spouses and, if applicable, the children have the right to change their surname after divorce. The divorced spouse may notify the registry office within six months of the divorce decree becoming final that he or she is reverting to the previous surname. However, for children, the consent of the other parent is required, which can only be replaced by a court decision. A change of surname is only permitted on application to the registry office and is subject to the conditions and fees laid down by law.