Getting Married or Divorced? Here’s How to Update Your Name in South Africa

Last Updated: September 6, 2026|Reviewed By: Home Affairs Editorial Team|Fact-checked against official DHA and Other Official Sources|Not affiliated with the DHA

Important: The Law Changed in September 2025

On 11 September 2025, the Constitutional Court handed down a unanimous judgment in Jordaan and Others v Minister of Home Affairs confirming that Section 26(1) of the Births and Deaths Registration Act was unconstitutional. The previous law allowed only women to assume a spouse’s surname after marriage using the simplified notification process.

What this means from 11 September 2025: any spouse in any marriage or civil union, regardless of gender, may now assume their partner’s surname, resume a prior surname, or create a double-barrel surname using the simplified DHA notification process. Men no longer need to go through the formal BI-196 application to take their spouse’s surname after marriage.

Parliament has 24 months from the ruling to amend the legislation. In the meantime, the Court’s interim order applies. If a DHA office refuses to process your application citing the old rules, reference the Jordaan judgment.

In Summary

You can change your surname after marriage, or revert to your maiden name after divorce, through a simple DHA notification rather than a formal application, with no fee, no Government Gazette publication, and no time limit on when you do it. This guide covers both directions: what to do after marriage, and what to do after divorce, including reverting to a maiden name years after the fact.

Your Surname Options After Marriage

Any spouse may now choose from the following after marriage or civil union:

Keep your current surname: no action required
Assume your spouse’s surname: simplified DHA notification
Create a double-barrel surname combining your surname and your spouse’s surname: simplified DHA notification
Resume a prior surname you legally bore: simplified DHA notification

After marriage you cannot assume a completely unrelated new surname through this process. If you want a surname unconnected to your spouse or prior legal name, you must use the formal BI-196 application process. See How to Change Your First Name or Surname at Home Affairs.

Your Surname Options After Divorce, Including Reverting to Your Maiden Name

After divorce you may:

Keep your married surname: no action required
Revert to your maiden name: simplified DHA notification
Revert to any surname you previously bore legally: simplified DHA notification

After divorce you cannot assume a completely new, unrelated surname through the notification process. That requires a formal BI-196 application.

There is no time limit on reverting to your maiden name. If your divorce was finalised years ago and you never changed your name back, you can still approach DHA with your divorce decree and marriage certificate, the process is identical regardless of when the divorce occurred.

Your ex-spouse cannot stop you. The choice of surname after divorce is entirely yours. Your ex-spouse has no legal standing to prevent you from reverting to your maiden name, and their remarriage has no effect on your right to continue using the married surname if you choose to keep it.

Only one parent’s name on the birth certificate? If only your name appears on a child’s birth certificate, your surname reversion does not automatically affect the child’s surname. A child’s surname change is a separate process, see How to Change a Child’s Name at Home Affairs.

Why This Is a Notification, Not an Application

A surname change arising from marriage or divorce is a notification to DHA, not a formal name change application. This is an important distinction:

INFO	Notification (marriage/divorce)	Formal application (BI-196)
Government Gazette	Not required	Required
Director-General approval	Not required	Required
Objection period	None	30 days
Processing time	Weeks (once marriage/divorce registered)	3 to 9 months
Fee	None for notification	R325
Form	Written letter plus supporting docs	BI-196

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What You Need: After Marriage

Original or certified copy of your South African marriage certificate
Your current ID document (green barcoded ID book or Smart ID)
A letter confirming which surname you are choosing and your reason (for example, “I wish to assume my spouse’s surname following our marriage on [date]”)
Certified copy of your spouse’s ID (if assuming their surname)

If married abroad:

Apostilled foreign marriage certificate (or certificate of authentication if the country is not a Hague Convention member)
Certified English translation if the certificate is not in English
Your current ID document
A letter confirming your surname choice

DHA will not process a surname update without your marriage being registered on their system first. If your marriage has not yet been registered or the unabridged marriage certificate has not yet been issued, there may be a waiting period before DHA can update the Population Register.

What You Need: After Divorce

Final divorce decree, the signed, stamped court order finalising the divorce. Interim orders and separation agreements are not accepted.
Your current ID document (Smart ID or green barcoded ID book)
Your original marriage certificate or unabridged marriage certificate
A letter confirming which surname you are reverting to

If your marriage certificate is lost, apply for a replacement unabridged marriage certificate at DHA before proceeding, see the Unabridged Marriage Certificate guide.

If your divorce was finalised abroad, the foreign decree may need to be recognised by a South African court before DHA will act on it. Seek legal advice if this applies to you.

Step-by-Step: Notifying DHA

Step 1: Obtain your marriage certificate or divorce decree. You need the registered document before DHA can update the Population Register. If your marriage certificate or divorce decree is not yet available, you will need to wait.

Step 2: Book your appointment. Use BABS at services.dha.gov.za to book at your nearest DHA branch. Name change notifications must be submitted at a DHA branch, bank branches offering Smart ID services cannot process name changes.

See: How to Book a Home Affairs Appointment Online

Step 3: Attend DHA with your documents. Bring originals and two certified copies of all documents. Submit your letter confirming your surname choice. DHA will update the Population Register.

Step 4: Apply for your updated Smart ID. Once DHA confirms the surname update, apply for a new Smart ID at any DHA live capture office. Fee: R140. Your old ID will be surrendered.

See: Smart ID South Africa: Complete Guide

Step 5: Apply for an updated passport (when ready). You are not required to update your passport immediately. You can travel on your old passport with your new ID and proof of marriage or divorce. Update the passport when practical. Fee: R600.

See: Passport Application Guide

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After Your Surname Is Updated: What Else to Change

DHA does not automatically update any other records. You must notify each institution separately. Your Smart ID is the anchor document, update everything else once it reflects your new name.

DHA documents first:

Smart ID: R140 at any DHA live capture office (done at the same visit)
Passport: R600 at any DHA live capture office or participating bank branch. Not urgent, you can travel on your old passport with proof of marriage/divorce in the interim.

Then update:

Bank accounts: take your new Smart ID and marriage certificate or divorce decree to each bank
SARS / tax registration: update via eFiling or your nearest SARS branch
Medical aid: contact your scheme directly
Employer records and payroll: notify HR, they will update pension and insurance records
Driver’s licence: not required until your licence expires, carry your new ID alongside it in the interim
Vehicle registration: if registered in your old name, contact your nearest traffic department
Voter registration: update at your nearest IEC office or at www.elections.org.za
Retirement annuities and investments: contact each provider directly
Insurance policies: home, car, life
Home loan or mortgage: notify your bank
Deeds office: if you own property, seek conveyancing advice on whether a name update is required
Will and testament: update or execute a codicil to reflect your new name
Professional registrations: HPCSA, SAICA, Law Society, and others have their own processes
Service providers: cell phone contracts, utilities, subscriptions

Travel note: if you have a pending visa application or international travel planned, mismatched names on your ID and passport can cause complications. Prioritise updating your passport if international travel is imminent.

What You Cannot Do

You cannot assume a completely unrelated new surname through the marriage/divorce notification, this requires the formal BI-196 process with Government Gazette publication
You cannot update your surname at a bank branch offering DHA services, this must be done at a DHA branch office
DHA updating the Population Register does not automatically update any other institution’s records, you must notify each one separately
You cannot travel internationally on a passport that has expired, regardless of the name on it

Frequently Asked Questions

Do I have to change my surname after marriage? No. Changing your surname after marriage is entirely optional. You can keep your birth surname, assume your spouse’s surname, or create a double-barrel surname. There is no legal requirement to change your name upon marriage.

Can a husband take his wife’s surname in South Africa? Yes, as of 11 September 2025. The Constitutional Court ruled that surname options after marriage are gender-neutral. Any spouse may now assume their partner’s surname using the simplified notification process.

Do I need a Government Gazette publication to change my surname after marriage? No. Surname changes from marriage or divorce do not require Government Gazette publication. You notify DHA with your marriage certificate or divorce decree and DHA updates the Population Register directly.

Can I revert to my maiden name after divorce? Yes. After divorce you may revert to your maiden name or any surname you previously bore legally. You can also keep your married surname. You cannot assume a completely new unrelated surname through the divorce notification, that requires BI-196.

My divorce was finalised years ago and I never changed my name back. Can I still revert to my maiden name? Yes. There is no time limit. Take your divorce decree and marriage certificate to any DHA branch, the process is the same regardless of when the divorce was finalised.

Can I revert to a surname from before my first marriage if I have been divorced twice? Yes, provided DHA can verify your identity trail through your documents. Bring all relevant marriage certificates and divorce decrees. The chain of name changes must be documentable.

My ex-spouse remarried. Does that affect my right to keep or revert from the married surname? No. Your ex-spouse’s remarriage has no legal effect on your surname rights. You may keep the married surname for life unless a court orders otherwise, and you may revert to your maiden name at any time.

How long does a surname change after marriage or divorce take? The DHA notification itself is processed at head office after your branch submission, allow 4 to 8 weeks for the Population Register update. Your Smart ID application runs in parallel and takes 10 to 14 working days from biometric capture.

Do I need to update my passport immediately after changing my surname? Not immediately. You can travel on your old passport with your new Smart ID and a copy of your marriage certificate or divorce decree as supporting proof. Update your passport when it is practical, especially before international travel or visa applications.

What if my marriage was concluded abroad? South Africa automatically recognises legally concluded foreign marriages. Submit your apostilled foreign marriage certificate and a letter confirming your surname choice to DHA. If your foreign divorce was finalised while you were domiciled in South Africa, seek legal advice on whether recognition proceedings are required before DHA will act on it.

Is there a fee for changing my surname after marriage or divorce? There is no fee for the DHA Population Register notification itself. Applying for a new Smart ID costs R140 and a new passport costs R600.

Do I need a lawyer? No. You go directly to your nearest DHA branch with your documents. The process is entirely self-service.

Can my ex-spouse stop me from reverting to my maiden name? No. The choice of surname after divorce is entirely yours. Your ex-spouse has no legal standing to prevent the reversion.

Official DHA Contact Details

Channel	Details
DHA Contact Centre	0800 60 11 90 (toll-free, Mon to Fri 08:00 to 16:00)
DHA email	hacc@dha.gov.za
Online booking (BABS)	services.dha.gov.za
DHA main website	www.dha.gov.za

Related Guides

Information on this page reflects DHA processes and the Constitutional Court’s September 2025 Jordaan ruling as of the last update date above. Parliament has 24 months from 11 September 2025 to amend the legislation. Always verify current requirements with your nearest DHA office before proceeding. Not affiliated with the Department of Home Affairs.

How to Change Your Name After Marriage or Divorce in South Africa