Variances in Surname

Discussion in 'Legal Issues' started by CHAOS, 7th May, 2015.

  1. CHAOS

    CHAOS Member

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    Background. Took hubby's surname. For sample sake I am Chaos no common Sense. The marriage celebrant handwrites the document and hubby's surname is NO COMMON SENSE and I am NOCOMMONSENSE. Passport Office and License office refused to issue documents as NO COMMON SENSE stating they had to use what was on the original marriage certificate.
    Bank had difficulty getting their head around this. Contracts said NO COMMON SENSE my id said NOCOMMONSENSE and hubby is NO COMMON SENSE. After a lot of merry go round riding they settle on a state dec.

    We recently purchased in my name only. And to avoid the same issues with my id - the new IP contracts are in the name NOCOMMONSENSE. The same bank won't issue the transfer as NOCOMMONSENSE because it doesn't match the NO COMMON SENSE used for the loan docs and all our accounts with them - which hubby is the primary applicant. So despite being settlement being on Tuesday and the bank being aware of this issue at the time of application. - we are on the merry go round again.

    My question for the legal people is in moving forward what can I do to get my name corrected on all documents? I am fed up with this bs every time we get finance. Does anyone have a solution.
    Is there a one time legal document that I can sign that says NO COMMON SENSE AND NOCOMMONSENSE are the same person and that I can use that same document for the rest of my life.
     
  2. jerrybee

    jerrybee Member

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    My mum has like 4-5 different variations of her name - passport is different from her birth certificate, and her drivers license, and all her bills. It's insane. It has definitely caused issues in the past. What we did was we made a stat dec declaring that all names belong to the same person, got it JP'ed, and the banks were OK with that.
     
  3. Sim

    Sim Administrator Staff Member

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    Go to your state's department of Births Deaths and Marriages and apply for a name change to whatever it is that you want to use ... then you can produce this document and get a new passport, drivers license and whatever else you need issued.

    We have to do this for our adopted children because of a quirk in the way their family name is listed on their new birth certificates issued by their country of birth - we did a name change first to standardise it with the rest of our family and then we applied for citizenship and then passports for them in the new name.

    You'd need to check with your local BD&M registry to determine what rules there are (if any) regarding change of name applications.
     
  4. CHAOS

    CHAOS Member

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    The bank issue is another thread all of its own. A new stat dec was offered. They already have one. Bank wants the sale contract redone to show spaces.


    I can understand why people don't bother investing. You need to be very determined and strong minded to move past all the little stuff that occurs along the way. All unnecessary imo. While it is little when put in perspective, it is ongoing and keeps rearing its head. One of my first reaction is - it is easier not to invest. I would be less stressed.
     
  5. CHAOS

    CHAOS Member

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    Thanks Sim

    I will give this a go. I am suspecting though that as is the case when you get married you need to always prove your change of name. I will have two change of names to prove because of human error.




     
  6. Paul@PFI

    Paul@PFI Tax, SMSF & Planning

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    You can always go with a Deed Poll and get a consistency for use of the name provided its not for fraud.

    Good luck with changing name for tax purposes afterwards. A new process. You must personally appear at a ATO office AND bring original docs. No certified copies. Tax agents cannot assist. The ATO then confirm with the AG who checks with State and Federal Police and when all of them confirm you the AG issues the ATO with its approval.

    Once if two tax returns were lodged with a change of name it just happened - same with DOB. No more. Errors are etched in granite. Becoming married is a problem for the ATO now if you adopt spouse name. If your marriage cert isn't issued in QLD and its correctly spelt the ATO will do it over the phone. All others have to go through the tougher approach.

    Only in Canberra (Apparently there was a loophole for identity cloning). there was a immigration / Centrelink racket which nobody wants to discuss that led to this I believe.
     
  7. jerrybee

    jerrybee Member

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    Some of the most stressful times I've ever had have been anxiously awaiting finance approval, with immovable dates impending and being thrown silly curve balls like this. But is it worth it? Yes, absolutely. A good deal could make you hundreds of thousands, in exchange for a few weeks of stress. That's years of equivalent 9-5 work and savings.
     
  8. skater

    skater Capitalist

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    A certified Stat Dec won't cut it either.

    Hubby's name is XXXX YYYY ZZZZ

    He got a confirmation name of AAAA

    His drivers license now reads XXXX YYYY AAAA ZZZZ

    His passport is XXXX YYYY ZZZZ

    Every time we get finance now, it is a problem. It didn't used to be! :mad:
     
  9. jerrybee

    jerrybee Member

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    Nope it worked with Bankwest:)
     
  10. skater

    skater Capitalist

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    It worked with CBA at first, but doing more financing with them, they had a whinge, and more forms to fill in.:(
     
  11. jerrybee

    jerrybee Member

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    But you're right I might get my mum to get her affairs in order for the next time she needs to refinance. When you're hauling *** trying to make the date, this is the worst type of crap to have to deal with.
     
  12. CHAOS

    CHAOS Member

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    I like your post skater - that would have been the better way to explain my situ.

    Jerrybee it all works out in the end and I know in the long run be will be set up. It's like giving birth you forget the pain until you go back again!
     
  13. CHAOS

    CHAOS Member

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    Ha ha Cba!
     
  14. Terry_w

    Terry_w Member

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    Ive come across this twice recently with Chinese origin names. Passport had a hyphen but drivers licence didn't.

    One we got settled and then LPI refused to register titles without further evidence.

    Deed poll is probably the way to go. Change your name by deed and then use this to register the change with the various agencies.
     
  15. jerrybee

    jerrybee Member

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    Do we need to contact a lawyer for this or is it just done via some govt office?
     
  16. Sim

    Sim Administrator Staff Member

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    Depending on what documents you need to produce.

    If you only need passport and drivers license, you should be able to get them issued in your preferred name by presenting your birth certificate plus change of name (and marriage certificate if required). Then you only need to produce passport + license for most things.
     
  17. Sim

    Sim Administrator Staff Member

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    Something similar used to happen with kids being adopted from certain countries overseas where given name changes were made by the adoptive parents and the birth certificates issued by the birth country insisted on using both adoptive father's family name and adoptive mother's maiden name as the family name of the child.

    So you often ended up with a situation where the birth certificate said:

    WWWW XXXX YYYY ZZZZ

    ... but the family actually wants to call the child something like

    AAAA BBBB WWWW YYYY

    The way most families used to do this was at the point of applying for the citizenship certificate ... they would ask for the name on the certificate to be changed to suit their preference - and this would then form the basis for other documents in the future.

    I think we were the first family to come across the new rules specifically put in place to stop this practice - which we were told was to stop a loophole which was being used in cases where a family member would move to Australia with their child (against the wishes of their partner) and do a complete name change to make it almost impossible to locate the child.

    Anyway, your comment made me think that despite the massive amount of extra red tape and paperwork we had to wade through to get things done the way we wanted - it was actually worth it because now our kids will have consistent documentation which will make life so much easier for them in the future given how tough everyone is getting on these things.

    I feel bad for some of our friends who took shortcuts under the old system where they are headed for a difficult time once the kids grow up and try and get finance and such.
     
  18. skater

    skater Capitalist

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    The annoying part with Hubby's problem is that it was his choice when he got his Drivers license to include his confirmation name. Back then, no identification was needed to get a license. You could call yourself Mickey Mouse & nobody would care. He just thought, back when he was 18, or whatever age he was, that he should include it, even though it's never used, and is not an official name.

    Now, it's a problem. Some of our properties have his name with it included. Others do not. He could go get it changed with the RTA, I am sure, without too much hassle, but he's worried that if he does, when he dies (as we all will at some time), whoever is left to deal with it won't be able to prove that he is the same person.
     
  19. Sim

    Sim Administrator Staff Member

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    Sounds like it's a potentially serious enough problem to warrant a visit to a solicitor to ask for advice on documenting some of this?

    Perhaps documentation left with your wills and such?
     
  20. Scott No Mates

    Scott No Mates ...and people wonder why?

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    Time to create chaos discretionary trust with a corporate trustee. You can list yourself in allsorts of creative ways.