How to Change Your Name

Contents Front Matter..................................................3 Title Page...................................................3 Publisher Information.................................4   How to Change Your Name...........................5 Introduction...............................................5 The Deed Poll.............................................6 Name Change Rules....................................9 Changing their name by Deed Poll.............14 Who to advise of your change of name .......20 Changing Your Passport When Marrying....24 Where to obtain your passport application 26 Deed of Change of Name...........................28 This is the Last Will and Testament............29 Statutory Declaration................................30 Also Available...........................................31

 

HOW TO CHANGE YOUR NAME A guide to help you change your name within the UK    

By Paul Andrews    

Publisher Information

  

How to Change Your Name published in 2011 by Andrews UK Limited www.andrewsuk.com    This book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, resold, hired out or otherwise circulated without the publisher’s prior written consent in any form of binding or cover other than that in which it is published, and without a similar condition being imposed on the subsequent purchaser.    Copyright © Paul Andrews    The right of Paul Andrews to be identified as author of this book has been asserted in accordance with section 77 and 78 of the Copyrights Designs and Patents Act 1988.

Introduction

 

The information in this document is for general information only and should not be taken as legal advice , nor as a true statement of the law - it is drawn from public accessible information and translated into plain English for you general information- please consult a solicitor for definitive legal advice. We cannot be held responsible for any actions taken by people after reading this general information   Changing your name - This is a very simple procedure and you can easily do it without the need for a solicitor, simply by copying and completing the form(s) in this book . Once you have done this you will have all you need to change all official records and documents into your new name. Within the book are various example forms and documents to guide you along the path of changing your name. This guide is aimed at people changing their name within the UK (United Kingdom) with regards to its laws, but the general principles, of say for example, who to inform of your change of name, could be applied to other countries and regions. For people changing their name outside of the UK please consult an appropriate legal person to confirm on the laws as required to change your name in your specific area of the world. The author has wrote this book, based on the understanding of the laws current at the time of writing. He cannot be held in any way responsible for any loss, or mistakes, or laws broken by using the information within this book. If in any doubt of any points, it is advised that the reader consults an appropriate legal person before acting on any information provided within this book. This book is meant as a general guide to changing your name as opposed to be a definitive legal text on the subject, and by reading this book the reader agrees to these terms.

The Deed Poll

 

In law, a Deed Poll is a signed declaration by one person (the person changing their name), which binds that person to a particular course of action (that being to use that name and only that name for the purpose of identification for themselves) from the date of signing. Although Deed Polls have in the past been used for various purposes over the years, but today they have one generally accepted meaning, that is for the purpose of, a change of name, for the individual named. However, the correct legal name for a written deed that has been drawn up to change someone’s name is a ‘Deed of Change of Name’. A Deed Poll for a change of name contains declarations that you the person changing your name do :   • Abandon your former name, and will use your new name at all times, and require all persons to address you by your new name.   Thus a Deed Poll provides documentary evidence to the world, that you have changed your name and that you are legally binding yourself to using your new name from that point on. In law, a ‘Deed’ is a written agreement that has been signed and delivered (that is - given to the other parties concerned). A ‘Poll’ was a legal term used originally in the 19th century to describe such a document that had its top edge cut (or polled) so that it had a straight edge. This was done to visually distinguish between a deed signed by one person (a polled deed - hence the term Deed Poll) and a deed signed by more than one person (an indenture), which had the top edge of the document indented. A Deed Poll (a Deed of Change of Name) is a formal statement to prove to the world that you have changed your name from that point onwards, and it provides you with documentary evidence you need to show people and official bodies, of the name by which you

wish to be known from that point onwards. A Deed Poll requires legally all persons, companies and other organisations (including all government departments) to change their records to show your new chosen name. A Deed Poll also enables you to get new documents which you need, such as your official identification documents, passport, driving licence, credit cards etc. reissued in your new name. Please note that for an adult changing their name, except in a few circumstances, a Deed Poll cannot be used to get your birth certificate reissued in your new name. Generally birth certificates cannot be changed, this goes for people changing their gender also, as well as their name. It is very rare for a birth certificate to be changed by the relevant authorities for an adult. To change your name by Deed Poll, you must be at least 18 years of age. If you are under 18 years of age, your parents not you, must apply for a Deed Poll on your behalf. Please note, when I say parents, I mean the person or persons that have parental responsibility for you in law, as opposed to having being your original birth parents. If you are 16 or 17 years of age and your parents are changing your name on your behalf, you must also consent to it in writing. If you are under 16 years of age, your parents can change your name without your consent. A parent, that is, the person or persons who have parental responsibility for a child, can legally change their child’s name by Deed Poll, as long as the child is under 18 years of age at that point in time (persons aged 18 years and over must execute their own Deed Poll). It is worth point out, that of course should someone who has had their name changed for them before the age of 18, upon reaching the age of 18, could if they so wished change their name back to its original one, or to any other name they wished to at that point. If your child is 16 or 17 years of age at the time of the name change being made, the child must also consent in writing to their name being changed by Deed Poll as well as the parent doing the name change signing. In law, A mother of a child who was not

married to the father when the child was born, does not need the permission of the birth father to change her child’s name (that is unless the father has acquired parental responsibility for the child through a written agreement with the mother or a court order previous to that point in time). Please note, it is possible or though not very common, that in certain circumstances, you can have your child’s birth certificate amended or even re-issued to show your child’s new name if the appropriate criteria are meet. If this is possible, you do not need to execute a Deed Poll for your child because the amended or reissued birth certificate can be used in lieu of a Deed Poll to get your child’s documents and records changed. I would suggest it would be appropriate under these circumstances to consult a solicitor, to discuss potential alterations to a child’s birth certificate.

Name Change Rules

 

There are various ‘standard’ rules which you need to follow when changing your name, both legally and as common sense rules to avoid problems for yourself in the future.   For example –   • You cannot generally have a name that is impossible to pronounce or a name that includes numbers, symbols or punctuation marks - although you can have a hyphen if you want a double-barrelled surname. • You must also have at least one first name and one surname.   Other than these basic restrictions placed upon your choice of new name, you can change your first name(s) and / or surname to any name you so wish to, as long as you are not changing it for any deceptive or fraudulent purposes. Clearly changing your name for a criminal purpose would bring the full weight of the law down upon you. Deed Polls are not kept, logged or registered anywhere, unless you choose to have your Deed Poll submitted and lodged for safe keeping and entered in the Enrolment Books of the Central Office of the Supreme Court of Deeds, which is situated at the Royal Courts of Justice in London. However, this is not legally necessary, and it only adds to the overall cost of changing your name. Most people who change their name generally only wish to inform those who have a reason to know of this change of name. However by ‘enrolling’ a Deed Poll does provides a public record of your name change, and further to that your details are published in the London Gazette newspaper .For further information on this we suggest that you contact the Royal Courts of Justice, Room

81,Strand, London, WC2A 2LL (believed to be the correct address at the time of writing, please confirm this before sending paperwork to them).   Whilst being rare, there are a some specific circumstances that enable you to get your birth certificate amended or changed occasionally. If you are able under these circumstances, to get a new or amended birth certificate issued, a Deed Poll is not then required, as the new birth certificate is sufficient to get all documents and records changed by the appropriate places you need to send this information to. The rules we understand which apply to birth certificate changes are     1. If you were born or adopted in England or Wales:    • In England and Wales, with the (following exceptions for children), you cannot generally get your birth certificate changed even if you change your name.    If wishing to chang a child’s forename(s) within 12 months of registration:   • If you only wish to change the forename(s) of a child, for which you have parental responsibility, you can normally have the child’s birth certificate amended to include the child’s new forename(s) providing that the changes occurs within 12 months of the original registration of the childs birth certificate. The new full birth certificate will show both the original and the new forename(s) but the new short birth certificate issued will only show the new forename(s). • If you changing a child’s surname, from the mother’s (different) surname, to the father’s surname (parents not married): If the parents of the child were not married to

each other at the time of the birth, and the father did not attend with the mother at that point to register the childs birth, it is possible to re-register the birth at any time in the future to include the father’s details and change the surname of the child to that of the father (but only if both parents agree, otherwise a court order is generally required to do this). Upon re-registration, a new birth certificate will be normally be issued. • If changing a child’s surname from the mother’s surname to the father’s surname (parents married since the birth of the child): If the parents have married each other since the birth was originally registered, the birth can normally be re-registered to show the father’s details. The birth will then be re-registered, and the child and mother’s surname can be changed to that of the fathers as part of this process normally. Upon re-registration, a new birth certificate will be issued. Please take note, if the parents were not married to each other at the time of the birth and the child was then registered with the father’s surname, it is not possible to change the child’s surname back to the mother’s on the birth certificate, this has to remain the same as it was registered. If this change is still needed, then to change the child’s surname back to the mother’s, a Deed Poll should be executed at this point, for which the father’s permission is not required. However, a Deed Poll will not get the child’s birth certificate changed. For further information e-mail the General Registrar Office for England and Wales. Alternatively, telephone or visit your local register office to clarify these details.    

2. If you were born or adopted in Scotland:    In Scotland, you can generally get your birth certificate changed under the following two circumstances:    • Children who aged one year old and under: If the child’s forename(s) (but not their surname) is changed within the first year of life, the change may be recorded in the birth register if notification is made within two years of the birth of the child. After this point when an extract, or abbreviated certificate of the child’s birth entry is subsequently issued, the new name is substituted for the name originally registered. • Persons aged two years old and over: For persons aged two years and over, by providing documentary evidence, that the new name has been used for at least two years, the change of forename(s) and/or surname can be recorded in the birth register for that person, but in the subsequent issue of an extract, or abbreviated certificate, the original forename(s) and surname, will also be shown in addition to the new names. • By changing your name by Deed Poll, you will be able to get your documents and records changed to your new name for subsequent use as documentary evidence that you have used your new name for the two year period required. For further information e-mail the General Registrar Office for Scotland.  

 

  

3. If you were born or adopted in Northern Ireland: • A person’s forename(s) and surname as recorded originally in the birth register, cannot generally be changed. However, upon providing documentary evidence to the appropriate official body, that a new name has been used for at least two years prior, the new forename(s) and / or new surname can be recorded of this change of name. • Any new issued certificate of birth will still continue to show the previous forename(s) and surname as originally registered for the person, but the new forename(s) and / or surname, as recorded will also be shown in a separate space in any birth certificate subsequently issued from that point onwards, with the actual date on which the change was recorded also shown. • By changing your name by Deed Poll, you will be able to get your documents and records changed for your new name for subsequent use as documentary evidence that you have used your new name for the required two year period. For further information e-mail the General Registrar Office for Northern Ireland.

The most popular reasons for people changing their name by Deed Poll in the UK are:

 

• Upon separation from her husband, a woman then often wishes to be known by her maiden name before her divorce is actually finalised. • An unmarried mother whose child was registered with the father’s surname who then subsequently wishes her child to have her surname. • People who simply just don’t like their current name. • Upon marriage, the bride and groom choose to have a double barrelled or hyphenated name rather than the wife take the husband surname. • Upon marriage, a bride who does adopt her husband’s surname, but also chooses to have her maiden name as a middle name. • Upon marriage, a bride who already has children from a former relationship, who then chooses to have the surname of her children changed to that or her new married surname. • One or possibly both partners in a gay or lesbian relationship, who wish to share the same surname. • Transsexuals who then wish to change their name(s) after a gender change operation. • Entertainers who want to formally use their stage name, rather than their original birth name, as they are now known by their stage name.

• People who now want a new identity. As long as you are not changing your name for illegal or fraudulent purposes, it doesn’t matter what the reason is you are changing your name- it us your your right to be known by whatever name you so wish to be known as (subject to certain restrictions as discussed previously).

  Other interesting points :   • Upon receipt of a decree absolute certificate, a woman has the right to legally revert to her maiden name. A Deed Poll is not required as the decree absolute certificate and her marriage certificate (which would show her original maiden name) provides the documentary evidence that is needed, that she has changed her name. • Upon marriage, the bride has the legal option of keeping her maiden name or from that point on using her husband’s surname. If she only adopts her husband’s surname, a Deed Poll is not required by law. The marriage certificate itself, provides the documentary evidence needed that she has changed her name. A groom has no legal right to change his name upon marriage to his wife. • Changing a child’s name. If the mother was originally married when her children were born, written permission of the father is required. If the father’s permission is not given, a court order can be obtained potentially. In the United Kingdom legally anyone aged 16 years and over can change their name to any name they choose simply by using their new name. This is known in law as ‘changing your name by usage’. With a few exceptions (as mentioned previously) , you can have whatever name you choose so long as you are not changing your name for illegal or fraudulent purposes.

Furthermore, there are no legal restrictions on how often you can change your name, no matter what problems this may in fact cause. However, if you choose to ‘change your name by usage’, you will inevitability encounter many difficulties, when trying to get your various documents and official records changed, since generally government departments, and most commercial companies and organisations will ask you for the standard “documentary evidence” that you have changed your name. Documentary evidence is the general term used to describe a document that entitles you to change your name.

  Such documents are:   • Official Marriage certificates (which allows a women to change her surname to that of her husband).

• A Decree absolute certificate (allows a divorcee to revert to her original maiden name). • A Death certificate (which allows a widow to revert to her maiden name if she chooses to do so). • An Adoption order (allows an adopted child to change his / her surname to the adopted family’s surname).

  To change your name for any other reason than above, you will need to provide a document that provides evidence that you have changed your name. A Deed Poll is considered as such a document and it will generally ensure that you get all your documents and records changed to show your new name without any problems or delays. Whatever type of documentary evidence you have used to legally change your name, there are certain documents that you can generally never get changed because they are a record of what

happened at a particular point in time. These generally are: an original birth certificate, an adoption order, a marriage certificate and also a divorce decree absolute certificate. There is no definitive legal requirement for a woman to change her surname when she does get married. It is down to her own personal choice, although by tradition it is usually the case that she does take her husbands surname when marrying. Upon marriage, there are two legal options which are available to the woman only (a man has no legal right to change his name)they are: To continue using her original maiden name, or change her original surname / maiden name to that of her husband’s surname. If a woman does decide to take her husband’s surname, then the marriage certificate will provide the necessary documentary evidence that she has changed her surname name. By sending a copy of the marriage certificate to all the parties concerned, her documents and records will then be changed to show her new surname. However, the couple decide to have a double barrelled, or hyphenated name using both their original surnames (or any other name), a Deed Poll should be executed for this change of name. Some companies and organisations will change their records to show a double barrelled surname name by means of showing them the marriage certificate, but many will not. The simple answer is to use a Deed Poll which will ensure that the name you choose is accepted without question.   TOP TIP   In these circumstances: If a couple do decide to share a surname upon their marriage that is different from the man’s current one, HE should consider executing a Deed Poll before he gets married to his new wife. This means that upon their marriage, his wife can take his new surname which already a double barrelled one. This will save the effort, need and cost for both people having to execute a Deed Poll after their marriage.

Many modern women do not always like the idea of totally abandoning their original maiden name, and would like a positive way of keeping the link to their birth families name without having to have a double barrelled name. One potential solution is to have her original maiden name as a middle name instead, which can be done easily by executing a Deed Poll. A man has no standard legal right to change his name when he gets married as we have established. So if he wishes to have a hyphenated or double barrelled surname after his marriage (or wishes to take his wife’s maiden name or any other surname in fact) he can also do this by executing a normal Deed Poll. A woman’s legal rights upon divorce. Upon her divorce, a woman has the legal right to revert to her original maiden name. A Deed Poll is not required for this as the decree absolute certificate from the courts, and her marriage certificate (which shows her original maiden name) will normally provide the necessary documentary evidence needed that her name has changed. All government departments, companies and organisations etc. are required by law to change their records to show the new surname upon being presented these certificates. However, it is often the case, that many women wish to revert to their maiden name during the period of separation from their husbands, and before their decree absolute is issued. This can be done simply by executing a Deed Poll. If she also wishes to change her children’s surname to that he her original her maiden name, this can also be done by a Deed Poll also. However, the proper written consent of the father will also be required by law before doing this, but only if she was married to the father when the children were born A woman’s rights upon being widowed from her dead husband. A woman has the legal right to revert to her maiden name upon being widowed by death. A Deed Poll is not generally required as her husband’s death certificate and her marriage certificate to her dead husband (which shows her original maiden name) normally provides the necessary documentary evidence that her name has changed. All UK government departments, companies and

organisations etc. are normally required to change their records to show the new surname upon presentation of these certificates. A child who has been adopted does not generally need to have a Deed Poll executed to change his / her surname since the original adoption certificate will provide the necessary documentary evidence needed that the child’s name has changed. All UK government departments, companies and organisations etc. are normally required to change their records on this person, to show the new surname upon being presented with the adoption certificate.

Who to advise of your change of name

 

After changing your name by Deed Poll or other means, there are many UK government departments, other organisations and companies that must to be notified, both for legal and obvious use reasons. Often government departments need to see your original signed Deed Poll, but most companies and other organisations will accept a photocopy of the deed – an exception to this would often be your bank and building societies who will probably want to see the original also. If you have changed the name of your children, some companies and organisations may also ask to see your letter of consent to do this.   Below are many of the departments, companies and other organisations you need to advise of your change of name. This is not an exhaustive list but aims to make sure you do notify the most urgent and obvious people of this name change.   • Employer. • Inland Revenue (telling them your reference and current tax office address). • Your School, or college / university if appropriate / still attending one. • You doctor. • You dentist. • DVLA – the Driver & Vehicle Licensing Authority (for your driving licence, and vehicle registration documents).

• The Passport Office. • You Bank. • Your Building Society (for your mortgage, and / or savings accounts). • Utility companies (for bills such as you water, sewage, electricity, and gas supplies). • Land line Telephone company. • Mobile phone company. • Satellite / Cable Television company. • The Local authority (i.e. the local council for your council tax and electoral roll registration). • The TV Licensing office. • Credit card and other store charge-card companies. • Finance and other loan companies. • The Premium Bond office, if you have premium bonds. • Investment companies (ie companies you save money with for investment / funds). • Companies you may hold shares in. • Companies house if you are a director of a company.

• Your Pension company. • Insurance companies (that is companies you have insurance taken out for on - motorcar insurance, medical cover, life insurance, endowments, buildings cover, contents insurance, extended warranties etc. etc.). • Mail order companies, such as catalogues etc.. • Motoring organisations, such as the AA or RAC. • Professional institutes and bodies you are a member of. • Clubs, societies and associations you are a member of, such as golf club, or social club, charity, or professional institute. • Your Internet Service Provider.

  Please note, as mentioned several times before, it is generally not possible to change your name on your marriage, adoption or decree absolute certificates. In certain cases, you may be able to get your birth certificate re-issued or amended potentially. Please see the paragraphs above. We have provided a sample letter below, which you may wish to use when writing to the above.

   

Your address Date   Addressee Dear Sirs,   With reference to - Account No. / Policy No. / National Insurance No. / Ref No.   I wish to advise you that following my recent change of name by Deed Poll, my name has legally changed from (replace here with your previous name here) to (replace here with your new name) Please amend your records accordingly. Please also find enclosed with this letter of notice, a copy of my Deed Poll. If you require sight of the original, or require further information, please do let me know.   Yours faithfully,   (Sign here using your new name)   (Then print your new name here)

Extra Information On Changing Your Passport When Marrying

 

If you are a woman, and you are going to be changing your name when you get married, your UK passport is the one document that you can get changed up to three months before you get married, to show your married name. This allows you time to have the correct documents upon getting married ready for your honeymoon for example. However, please take note that your new passport will only be valid from the date of your proposed wedding since it will be post dated by the UK passport office. Also please note, that if the country you are planning to visit requires a visa for travel into that country, that you check with your travel agent (or better still the country’s embassy) to ensure that a visa for travel can be stamped in a post dated passport. If this is not possible, you will need to travel using your original passport in your maiden name. Further to that, you should also be made aware that some countries will not accept an unamended passport (i.e. one that is still in your maiden name), even if you do carry your marriage certificate with you. Therefore, you must arrange to have a post dated passport issued in your married name before travelling. Again, clarify this with your travel agent as soon as possible to avoid disappointment and unnecessary problems.   How to change your name in your passport.    If you decide to change your name, there are generally two methods for arranging to have your married name appear on your passport before you get married:   • Apply for a new passport.  

You can arrange in advance to be issued with a new 10 year UK passport valid from the actual date of your wedding. If you already hold a valid UK passport you will need to surrender your old one, and there will be no refund for the unexpired time sadly. You should complete a normal passport application form. You will also need to get the registrar or religious minister who is going to be conducting your wedding ceremony to complete form extra to confirm the date of your pending wedding ceremony.   • Apply to have your existing passport amended. An alternative and possibly cheaper method is to have your existing passport amended to show your intended future married name. Like also the first method, this new amendment will run from the date of your proposed wedding. Again you will also need to get the registrar or minister who is conducting your ceremony to complete the extra form to confirm the date of your wedding ceremony. Please note, if you do apply to have your passport amended, your existing passport is cancelled from that point and a new one issued with the same expiry date.

Where to obtain your passport application form

 

A passport application form and the form needed to be signed by the registrar or minster is available from post offices, and sometimes branches of travel agents. These ‘high street partners’ as they are called, can also often provide a checking service for you, to ensure that your application form has been completed correctly and all the appropriate documentation has been enclosed with the application. They will also securely send your application form to the appropriate passport office. The same will apply if you change your passport after your wedding date, apart from not having to have the registrar or monster sign a separate form. Instead you will simply send off your original marriage certificate with the application and, if this is not your first name change, your original birth certificate also.   Visa Warning   Please be aware that some consulates of some countries cannot grant visas on post-dated or amended passports. So therefore, you should check with the consulate of the country you are planning on honeymooning in, before making any arrangements to have your passport changed to your new name. Don’t forget, you can always travel on your existing passport in your original maiden name and then arrange to have your passport changed upon your return to the UK. If you do this, you should also take your marriage certificate with you.   Make sure you make any applications for new passports in plenty of time before the marriage, allow enough time for potential problems and issues, and paperwork possibly being sent back and forth if problems do occur.

Taking children with you on honeymoon –   Don’t forget that if you are taking children on honeymoon with you, that it should be remembered that unless they are included on an existing passport they are now legally required to have one in their own name also.   On the following pages are examples which you can transcribe and use to inform people of your change of name, or indeed to actual execute your own Deed of Name change. Please of course fill in the appropriate names and address, and information into the appropriate places in the documents.

Deed of Change of Name

  

BY THIS DEED I, the undersigned   Of   Who was born at ...enter place... on the ...enter day... day of ...enter month... in the year ...enter year...   DO HEREBY ABSOLUTELY RENOUNCE AND ABANDON the use of my former name ...enter former name...   And in lieu thereof assume and adopt the name of ...enter new name...    IN pursuance of such assumption I HEREBY DECLARE that I shall at all times hereafter in all records deeds and instruments in writing and in all actions and proceedings and upon all occasions whatsoever use the name as my full name and family name and I HEREBY AUTHORISE AND REQUEST all persons to designate and address me by such names.   IN WITNESS whereof I have hereunder signed my given name(s) of ...enter new first name... and my family name of ...enter new last name... this ...enter day... day of ...enter month... In the year ...enter year...   Signed by the said ...enter new signature...    In the presence of: ...enter witness name...   Signed by witness: ...enter witness signature...   Occupation: ...enter witness occupation...   Address: ...enter witness address...

This is the Last Will and Testament

  

of me ...enter full name...   of ...enter full address...   I hereby revoke all previous wills and codicils I have made . This is my last Will.   As executor(s) of this will, I appoint : ...enter name of executor...   I direct that all my debts and funeral and testamentary expenses be paid as soon as it is convenient after my death. ...write your wishes in the following space...           Dated this ...enter day... Day of ...enter month... ...enter year...   ...enter name of first witness...    of ...enter first witness address...     ...enter name of second witness...    of ...enter second witness address...   Signed by the testator / testatrix (*delete as necessary) in our presence and by us in his / hers (*delete as necessary). ...enter signature of testaor (male) or testatrix (female)...

Statutory Declaration

   I ...enter full current/original name...   Do solemnly and sincerely declare that I shall in future be known by the name of ...enter new name...   I make this solemn declaration conscientiously believing this same to be true and by virtue of the Statutory Declarations Act 1835.   Signed ...enter new signature...   Taken before me on this ...enter day... day of ...enter month... ...enter year...     Signed by witness ...enter witness signature...  Position of witness ...enter witness occupation...