Saskatchewan residents who finalize a divorce can change their surname through two distinct pathways under The Change of Name Act, 1995, S.S. c. C-6.1: a free election process that requires no application (Section 23) or a formal legal change of name costing $135.70 through eHealth Saskatchewan with a processing time of up to 12 weeks. Approximately 70% of divorced individuals who change their name in Canada revert to a birth name or previous surname, making the simplified election route the most common choice for Saskatchewan residents after divorce.
| Key Fact | Detail |
|---|---|
| Governing Law | The Change of Name Act, 1995, S.S. c. C-6.1, Section 23 |
| Election Cost (Revert to Birth/Previous Name) | $0 (no application required) |
| Formal Change of Name Fee | $125.00 application + $10.70 advertising = $135.70 total |
| Processing Time (Formal) | Up to 12 weeks |
| Residency Requirement (Formal) | 3 consecutive months in Saskatchewan within the preceding 12 months |
| Residency Requirement (Election) | Must be a resident of Saskatchewan |
| Administering Body | eHealth Saskatchewan (Vital Statistics) |
| Required Document | Certificate of Divorce ($10.00 from Saskatchewan Court of King's Bench) |
| 2025 Amendment Status | The Change of Name Amendment Act, 2025 (pending spring 2026 passage) |
As of March 2026. Verify all fees with eHealth Saskatchewan at 1-855-347-5465.
Two Pathways for a Name Change After Divorce in Saskatchewan
Saskatchewan law provides two separate legal mechanisms for a name change after divorce: an election under Section 23 of The Change of Name Act, 1995 that costs nothing and requires no formal application, and a full legal change of name under Sections 7-8 that costs $135.70 and takes up to 12 weeks to process. The election pathway is available only to individuals whose most recent spousal relationship was a legal marriage, while the formal pathway is available to anyone meeting the residency requirements, including those leaving common-law relationships. Understanding which pathway applies to your situation is the essential first step in resuming your pre-marriage identity.
The federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) does not contain provisions governing name changes. All name change authority in Saskatchewan flows exclusively from provincial legislation. Your federal Certificate of Divorce serves as documentary proof of marriage dissolution, but the right to change your name is granted by The Change of Name Act, 1995, not by the divorce order itself.
Path A: Name Change by Election (Section 23) — No Application Required
Section 23 of The Change of Name Act, 1995 allows any Saskatchewan resident whose legal marriage has ended by divorce to elect to use a different surname without filing a formal application and without paying any fee. This election process is the fastest and most cost-effective route to a name change after divorce in Saskatchewan, and it is the pathway used by the majority of divorced individuals seeking to revert to a previous surname.
Under Section 23, a divorced Saskatchewan resident may elect to use one of three surnames:
- The legal surname the person was using when the marriage ended
- The previous surname used immediately before entering the most recent spousal relationship
- The person's birth name as recorded in birth registration records
Section 20 of the Act explicitly states that a person who elects to use a surname under Section 23 is not required to file a formal change of name application. This means you can begin using your chosen surname immediately upon making your election. You will, however, need your Certificate of Divorce or Decree Absolute as supporting documentation when updating your name with individual agencies, financial institutions, and government departments.
Path B: Formal Legal Change of Name (Sections 7-8)
A formal legal change of name through eHealth Saskatchewan is required when a divorced person wishes to adopt an entirely new surname that is not their birth name, previous surname, or married surname. The total cost is $135.70 for a single adult applicant, comprising a $125.00 application fee (which includes one Change of Name Certificate) and a $10.70 advertising fee. Processing takes up to 12 weeks from submission of a complete application.
To qualify for a formal change of name under Section 7 of The Change of Name Act, 1995, an applicant must meet all four requirements:
- Be ordinarily resident in Saskatchewan at the time of the application
- Have been actually resident in Saskatchewan for at least 3 consecutive months within the 12-month period immediately preceding the application
- Be legally entitled to remain in Canada
- Be at least 18 years of age (or be married, widowed, or divorced)
The required documents for a formal application include:
- Completed Change of Name Application form from eHealth Saskatchewan
- Official birth certificate (Canadian or U.S.-issued; otherwise, Certificate of Canadian Citizenship or immigration documents)
- Official or certified copy of the Certificate of Divorce or Decree Absolute
- Affidavit of qualification and bona fides as required by Section 8
- Application fee payment of $135.70 (cheque, money order, Visa, or MasterCard)
Applications are submitted to eHealth Saskatchewan, Vital Registry Customer Support Team, at 2130 11th Avenue, Regina, Saskatchewan S4P 0J5, or by calling toll-free at 1-855-347-5465.
Election vs. Formal Change: Side-by-Side Comparison
Saskatchewan's two name change pathways differ significantly in cost, processing time, and scope. The following comparison table summarizes the key differences to help you determine which route applies to your situation after divorce.
| Factor | Election (Section 23) | Formal Change (Sections 7-8) |
|---|---|---|
| Cost | $0 | $135.70 |
| Application Required | No | Yes |
| Processing Time | Immediate | Up to 12 weeks |
| Available Names | Birth name, previous surname, or married surname | Any new name |
| Residency Requirement | Saskatchewan resident | 3 consecutive months in past 12 months |
| Eligible Relationships | Legal marriage only | Any (including common-law) |
| Certificate Issued | No (use divorce certificate as proof) | Yes (Change of Name Certificate included) |
| Advertising Required | No | Yes ($10.70 fee) |
| Affidavit Required | No | Yes (Section 8) |
Obtaining Your Certificate of Divorce
A certified copy of your Certificate of Divorce from the Saskatchewan Court of King's Bench costs $10.00 and serves as the essential proof document for any name change after divorce in Saskatchewan. If the court must search records beyond a 5-year period or across judicial centres, the search fee increases to $20.00. You can order your Certificate of Divorce through the Government of Saskatchewan's online portal or by contacting the Court of King's Bench registry in the judicial centre where your divorce was granted.
Saskatchewan has 13 judicial centres: Battleford, Estevan, Humboldt, Melfort, Melville, Moose Jaw, Prince Albert, Regina, Saskatoon, Swift Current, Weyburn, Wynyard, and Yorkton. If you are unsure which judicial centre processed your divorce, you may request a province-wide search for an additional $10.00 fee, bringing the total to $20.00. Processing time for a certified copy is typically 2-4 weeks.
Step-by-Step Process: Reverting to Your Birth Name or Previous Surname
The election process under Section 23 of The Change of Name Act, 1995 allows Saskatchewan residents to revert to a birth name or previous surname at zero cost and without a formal application. The following steps outline the complete process from divorce finalization to full name update across all agencies and institutions.
- Obtain your Certificate of Divorce from the Saskatchewan Court of King's Bench ($10.00 fee, 2-4 weeks processing)
- Decide which of the three eligible surnames you wish to use: your birth name, your previous surname, or the surname you were using when the marriage ended
- Begin using your elected surname immediately — no application or government approval is required under Section 20
- Update your Saskatchewan Health Card through eHealth Saskatchewan (no fee for a name update on an existing card)
- Update your Saskatchewan driver's licence at an SGI motor licence issuer (replacement licence fee of approximately $15.00)
- Update your Social Insurance Number (SIN) record with Service Canada (no fee)
- Notify the Canada Revenue Agency of your name change (no fee, can be done online through My Account or by calling 1-800-959-8281)
- Update your passport through Passport Canada (standard renewal fee of $120.00 for a 5-year adult passport or $160.00 for a 10-year adult passport)
- Notify your bank, employer, insurance providers, and any professional licensing bodies
- Update your Saskatchewan land title registrations through ISC (Information Services Corporation) if applicable
At each step, you will present your Certificate of Divorce as proof of your entitlement to resume your previous name. Some institutions may also require your original birth certificate or marriage certificate as additional verification.
Updating Government Identification After a Name Change
Updating your Saskatchewan driver's licence after a name change costs approximately $15.00 at any SGI motor licence issuer, while updating your Saskatchewan Health Card is free through eHealth Saskatchewan. Federal documents such as your passport require separate applications with their own fee schedules: $120.00 for a 5-year adult passport or $160.00 for a 10-year adult passport as of 2026. A Social Insurance Number update through Service Canada is free and can be completed at any Service Canada Centre in Saskatchewan.
The following agencies and institutions should be notified of your name change after divorce in Saskatchewan:
- eHealth Saskatchewan (health card): No fee
- SGI (driver's licence): Approximately $15.00
- Service Canada (SIN): No fee
- Canada Revenue Agency: No fee
- Passport Canada: $120.00-$160.00 (if renewing)
- Financial institutions: No fee (bring divorce certificate)
- Employer and payroll department: No fee
- ISC land registry: Varies by transaction
- Professional licensing bodies: Varies
- Canada Post (mail forwarding): Optional, $109.95 for 12 months domestic
Children's Names After Divorce in Saskatchewan
Changing a child's surname after divorce in Saskatchewan requires a formal application under The Change of Name Act, 1995 and the written consent of both parents who have decision-making responsibility under a parenting order. The application fee is $125.00, but children under 15 are exempt from the $10.70 advertising fee. If one parent cannot be located or refuses consent, a court order from the Saskatchewan Court of King's Bench is required before the name change can proceed.
Under the federal Divorce Act, R.S.C. 1985, c. 3, Section 16.1, both parents with decision-making responsibility must agree to significant decisions affecting a child, and a surname change qualifies as a significant decision. Saskatchewan courts consider the best interests of the child as the paramount factor when adjudicating disputed name change applications. Relevant factors include the child's relationship with each parent, the child's views and preferences (depending on age and maturity), and the potential impact on the child's sense of identity.
Children aged 12 and older must provide their own written consent to any name change application in Saskatchewan. Children aged 16 and older may apply independently for a formal change of name without parental involvement, provided they meet the residency requirements of Section 7.
The Change of Name Amendment Act, 2025: Upcoming Reforms
The Saskatchewan government introduced The Change of Name Amendment Act, 2025 on November 12, 2025, with passage expected during the spring 2026 legislative session. This legislation will modernize Saskatchewan's name change framework in several significant ways that may affect divorced individuals seeking a name change after divorce in Saskatchewan.
Key reforms in the 2025 Amendment Act include:
- Mononyms (single names) will be permitted when culturally or religiously significant, removing the requirement for both a given name and surname
- The maximum number of registered surnames will be eliminated, allowing individuals to register multiple surnames
- Spousal notification requirements will be removed, addressing safety concerns for individuals fleeing intimate partner violence situations
- The Registrar will gain expanded authority to issue certificates and make amendments without requiring a court order
- Additional agencies, including law enforcement, will be automatically notified when a name change occurs
These amendments were introduced by Health Minister Jeremy Cockrill and are accompanied by The Vital Statistics Amendment Act, 2025. The removal of spousal notification requirements is particularly relevant for divorced individuals, as it eliminates a procedural step that previously required proof that a former spouse was aware of the name change request.
Common-Law Relationship Dissolution and Name Changes
Saskatchewan residents leaving a common-law relationship cannot use the simplified Section 23 election process, which is restricted to individuals whose most recent spousal relationship was a legal marriage. Common-law partners who adopted their partner's surname during the relationship must file a formal change of name application under Sections 7-8 at a cost of $135.70, or they may file a declaration that the relationship has ended to access a modified election process.
The distinction between married and common-law name change rights reflects a broader pattern in Saskatchewan family law. While the federal Divorce Act applies only to legally married couples, Saskatchewan's provincial family property legislation, The Family Property Act, extends property division rights to common-law partners (referred to as "spouses of interdependent relationships") who have cohabited for at least 2 years. Name change rights, however, remain differentiated based on the type of spousal relationship.
Impact on Parenting Orders and Support Agreements
A name change after divorce does not alter, modify, or invalidate existing parenting orders, child support orders, or spousal support orders issued under the federal Divorce Act, R.S.C. 1985, c. 3. All court orders remain legally binding regardless of any subsequent name change. Saskatchewan residents who change their name should notify the Saskatchewan Maintenance Enforcement Office if they are receiving or paying support under an enforcement order, to ensure records are updated and payments are not disrupted.
Similarly, a name change does not affect property division agreements or equalization payments ordered under The Family Property Act. Any legal obligations arising from the divorce remain enforceable against the individual regardless of their current legal name. Courts track parties by both their current legal name and any former names to maintain continuity of orders.
Frequently Asked Questions
How much does a name change after divorce cost in Saskatchewan?
A name change after divorce in Saskatchewan costs $0 if you are reverting to your birth name or previous surname through the election process under Section 23 of The Change of Name Act, 1995. A formal legal change of name to an entirely new surname costs $135.70, comprising a $125.00 application fee and a $10.70 advertising fee. A Certificate of Divorce costs an additional $10.00 from the Court of King's Bench.
Do I need to go to court to change my name after divorce in Saskatchewan?
No, Saskatchewan does not require a court appearance for a name change after divorce. The election process under Section 23 requires no application or court involvement. The formal change of name process is handled administratively by eHealth Saskatchewan, not through the court system. A court order is only required if you are changing a child's name and the other parent with decision-making responsibility refuses consent.
How long does a name change after divorce take in Saskatchewan?
The election process under Section 23 takes effect immediately — you can begin using your birth name or previous surname as soon as your divorce is finalized. A formal legal change of name through eHealth Saskatchewan takes up to 12 weeks to process. Obtaining a Certificate of Divorce takes 2-4 weeks. Updating all government identification and accounts typically takes an additional 4-8 weeks after completing the name change itself.
Can I change my name to something entirely new after divorce?
Yes, but you must use the formal change of name process under Sections 7-8 of The Change of Name Act, 1995. The election process (Section 23) only permits three choices: your birth name, your previous surname, or the surname you were using when the marriage ended. Choosing an entirely new surname requires a full application ($135.70), an affidavit, and up to 12 weeks of processing through eHealth Saskatchewan.
What documents do I need for a name change after divorce in Saskatchewan?
For the election process (reverting to birth/previous name), you need only your Certificate of Divorce ($10.00 from the Court of King's Bench) to present when updating records at individual agencies. For a formal change of name, you need: a completed application form, official birth certificate, certified copy of Certificate of Divorce, affidavit of qualification and bona fides, and $135.70 in fees. All documents are submitted to eHealth Saskatchewan.
Can I change my children's last name after divorce?
Changing a child's surname after divorce in Saskatchewan requires a formal application under The Change of Name Act, 1995 and written consent from both parents with decision-making responsibility. The application fee is $125.00, and children under 15 are exempt from the $10.70 advertising fee. Children aged 12 and older must also provide their own written consent. If the other parent refuses, you must obtain a court order from the Court of King's Bench.
What if I was in a common-law relationship, not a marriage?
The simplified election process under Section 23 is available only to individuals whose most recent spousal relationship was a legal marriage. If you were in a common-law (interdependent) relationship in Saskatchewan, you must use the formal change of name process under Sections 7-8, costing $135.70 with up to 12 weeks of processing. You may also file a declaration that the relationship has ended to access modified election provisions.
Does changing my name affect my parenting order or support payments?
No. A name change does not alter, modify, or invalidate any existing parenting order, child support order, or spousal support order issued under the federal Divorce Act, R.S.C. 1985, c. 3. All court orders remain fully enforceable. You should notify the Saskatchewan Maintenance Enforcement Office of your name change to ensure records are current and support payments continue without disruption.
Can I revert to my maiden name years after the divorce?
Yes. There is no time limit on exercising the election under Section 23 of The Change of Name Act, 1995. A Saskatchewan resident whose legal marriage ended by divorce may elect to revert to their birth name or previous surname at any point after the divorce is finalized, whether that is 6 months or 20 years later. The election process remains free regardless of when it is exercised.
Will the 2025 amendment affect my ability to change my name after divorce?
The Change of Name Amendment Act, 2025, expected to pass during the spring 2026 legislative session, will primarily benefit divorced individuals by removing the spousal notification requirement. Under current law, applicants must prove their former spouse is aware of the name change request. The amendment eliminates this requirement, simplifying the process for individuals who have lost contact with a former spouse or who have safety concerns about notifying them.