Can I change my name back to my birth name while still legally married but separated?

Being separated but still legally married generally means the simplified process for resuming a former surname after divorce isn't yet available, since that route is tied to the marriage actually having ended, not just to the parties living apart. During separation, someone wanting to go back to a previous surname would typically need to use the standard Change of Name Act application process, the same one available to anyone wanting to change their name for personal reasons, rather than the narrower divorce-specific route.

This is a meaningful practical difference: the general application process tends to involve more documentation and, depending on the circumstances, a wider notification requirement than the streamlined divorce-based route. Someone who is separated and wants to change their name back sooner rather than waiting for the divorce to be finalized can still do so — it just means using the general process rather than the shortcut reserved for people who are already divorced. Confirm the current application requirements with the Office of the Registrar General, since using the wrong process can mean delay or a rejected application.