Navigating surname changes in South Africa

Needing to change or keep a certain surname during marriage or divorce procedure is not always so simple. There are a number of possibilities on how this can be handled and a good deal of options available to you. Yet the authorities dealing with your case may not always act correctly, making managing your finances, your personal documents and therefore your life much harder!

Rules around name changes in SA

 

In essence, while South Africans can change their name or names at any time, there are more concrete rules when it is due to be changed because of marriage or divorce.

 

Marriage: A surname only can be changed to the spouse’s surname, double-barrelled together with the spouse’s surname, or kept the same. This is mentioned in a statement issued by the DHA.

 

Divorce: A surname only can be changed back to a maiden or previous surname, or kept the same.

In almost all cases, it is a woman who is deciding to change her surname or not. However, many cases involve men wishing to change their surnames to that of their spouse, whether in heterosexual or same-sex marriages and unions.

 

Problems arising from name changes in South Africa

 

The main gripe is usually from newlyweds needing new documentation based on their new surnames. After marriage, changing their surnames and obtaining an unabridged marriage certificate takes a very long time, during which they sometimes cannot register for certain services or apply for things in their new names.

Some women have even found that they could not access or open bank accounts, or even vote in national elections.

However, whatever the reason for a surname change in South Africa, the timing taken to update, process and/or correct surnames seems to be the root of most problems.

 

How to change your documentation after surname changes in South Africa

 

Without a registered marriage or divorce on the DHA’s system, or the correct documentation (e.g. a divorce decree), it is very difficult to change anything documentation relating to your name. Usually, the DHA BI-196 Application Form for “Authority to assume another surname” is submitted.

1. Register your marriage or divorce

Register your marriage or your divorce with the Department of Home Affairs. We can assist you to do this.

 

2. Your ID document / card

The first document to change, which allows you to change almost all others, is your ID document. This used to be a booklet, but is now a plastic card with an electronic chip inside it. To obtain this, you will need your new document registration from point 1.

 

3. Main identity and financial documents or records

The next documents are, most likely:

– Passport: Not necessary to change this, unless it has expired. You can fly and travel with your old surname and a copy of your marriage or divorce, plus your new ID card.
– Driver’s license: Same as your passport – you do not need to update this until your license expires. But carry your new ID card together with your driver’s license.
– SARS / Tax details: Inform SARS and make sure your new details are listed.
– Bank accounts, bank cards, financial institutions: Inform your bank – they will require a copy of your ID card and possibly marriage certificate or divorce decree.
– Employee details at your place of work: Let your employer know, as they often send employment records to pension and insurance companies.

 

4. Various other possible documents

– Retirement Annuities
– Mortgage/s or home loan/s
– Voter registration entry
– Doctor, dentist, Medical Aids
– Life, auto and home insurance policies
– Investment Accounts
– Service Providers – ADSL/Telkom, Cell phone contracts
– Retail accounts
– Municipality and Utilities
– Legal Contracts
– Will and Testament

Change your surname sooner rather than later

 

The above list is not exhaustive or applicable to everyone, yet it shows that a name change is very intricate. IT is important to consider all the implications and therefore have your correct name on your documentation at all times.

 

Apostil.co.za can assist with surname changes in South Africa if they are the cause of marriage or divorce. Also, get in touch with us today (clients@apostil.co.za) to ask how we can get your marriage or divorce registered quickly, in order to obtain the relevant documentation, such as unabridged marriage certificates.