How to Change Your Name After Divorce in Nova Scotia

If you are divorcing or already divorced, you may want to go back to the surname you used before the marriage. It sounds simple, but it involves several offices, and the order in which you deal with them can save you time and repeat trips.

This article walks through the usual sequence in Nova Scotia: finishing the divorce, getting the right paper, understanding the Change of Name process, and then updating your identification. Some details depend on your situation, and we flag where it is worth confirming with Vital Statistics or a lawyer.

This article covers the law of Nova Scotia.

Start with the divorce itself

Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). How a name change fits with your divorce depends on your situation, so the first question is where your divorce is in the process.

Under the federal Divorce Act, a court may grant a divorce on the sole ground that the marriage has broken down. Breakdown is established if the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and were living separate and apart when it started. The one-year wait can be skipped if the other spouse has committed adultery or treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable. The year is also not ended just because the spouses resumed living together for no more than 90 days in total, where the primary purpose was a reconciliation attempt.

A divorce takes effect on the 31st day after the day the judgment granting it is rendered. The court's divorce certificate is issued only after the divorce is granted and the appeal period has passed. Until then, you are still legally married, and that matters for name changes, as explained below.

Get your divorce certificate

Which proof of divorce a particular office asks for can differ, so it is worth checking with each one. Because the court's certificate is only issued once the appeal period has passed, you cannot rely on the judgment date alone.

• Keep your divorce judgment in a safe place.
• Request the divorce certificate from the court once the divorce has taken effect.
• Order several certified copies if you expect to update many records, since different offices may each ask to keep or inspect one.

The Nova Scotia Change of Name process

Nova Scotia has a formal Change of Name process run through the provincial government. Here is what the basic details look like.

Fees and timelines can change, so check the current figures before you apply.

Does a spouse's consent matter?

A spouse's consent may be required when a married person changes their last name, and without consent a court order waiving the requirement is needed. This is most relevant if you want to change your name while the divorce is still in progress.

The government page notes that changing your last name to your spouse's does not require this process. It does not address resuming a former name after divorce. Whether you need the full Change of Name process, or can use your divorce certificate and marriage record some other way, is something to confirm directly with Vital Statistics before paying any fees.

What to do next

A sensible order is below. Adjust it once Vital Statistics tells you what they need for your case.

• Confirm your divorce has taken effect and obtain the divorce certificate.
• Ask Vital Statistics whether you need the Change of Name process or another route to resume your former surname.
• Gather proof of residency, your marriage certificate and your current identification.
• Arrange fingerprints if you are 12 or older and the process requires them.
• Once you have your new certificate or confirmed record, update your driver's licence, health card, passport, bank accounts, employer and tax records.
• If a former spouse will not consent and you are still married, speak to a lawyer about a court order.

Frequently asked questions