There are circumstances where a person may wish to be known by a different name. As long as this is not done with the intention to defraud someone, there are various ways this can be done.
There is no legal requirement for a person to do any particular thing in order to change their name. You can change any or all parts of your name. Once you has decided to change your name, you can use the new name for all purposes, for example, publishing marriage bans, legal proceedings and obtaining, or changing details on, a driving licence or passport. There are, however, limited circumstances where a person can change their name on their birth certificate.
Under ecclesiastical law, a person cannot change the name s/he was baptised with, except on confirmation or by an Act of Parliament. However, in practice, ecclesiastical law is not always adhered to and people can change their baptismal name in the usual way.
Sometimes people will want evidence of their change of name. The last four methods are then appropriate to consider.
It can be done in the following different ways:
<>- A person can just start to use their new name
- A letter from a responsible person
- Public announcement
- Statutory declaration
- Deed poll
1. Starting to use a new name. A person can just start to use their new name. You would need to remember to inform appropriate people. This would include the inland revenue, your bank, your employer etc.
2. A letter from a responsible person. A letter from a responsible person, such as a GP, solicitor, minister, priest or MP, will often be sufficient evidence that you have changed your name. The letter should state that the responsible person has known the you in both names and that the change of name is to be used for all purposes. Some solicitors use a standard form, signed by the client, which can be used as proof of the change of name and which may be a cheaper method than obtaining a statutory declaration. A letter should be adequate proof of the change of name for example, changing a NHS card, contact with the Inland Revenue and banks and credit companies.
3. Public announcement. You may wish to record that you have changed your name by placing an advertisement in a local or national newspaper. This should announce that you have renounced your previous name and have assumed a new one. A copy of the advertisement can then be used as evidence that you have changed your name.
4. Statutory declaration. For most purposes, a statutory declaration is generally sufficient evidence of your change of name.
A statutory declaration is a statement, recording a client's intention to abandon her/his old name and adopt a new one. A client who has obtained a statutory declaration as evidence of her/his new name can do so again, should s/he change her/his name again. S/he can also subsequently obtain alternative or additional evidence of her/his change of name. An example of a statutory declaration can be downloaded from this website as a Word document.
A statutory declaration can be drawn up by yourself, or by a solicitor, on your behalf. All statutory declarations must then be signed by the you in your new name and witnessed, either by a solicitor (other than the one who prepared the statutory declaration) or a Justice of the Peace (JP).
Before witnessing a statutory declaration, a solicitor or JP may ask to see the your birth certificate.
Some magistrates courts are reluctant to witness statutory declarations for a change of name because they believe that people should use a deed poll. A client in this situation should explain that s/he wants the statutory declaration purely as evidence of the fact that s/he is using a different name and that s/he does not want to use the more formal (and costly) deed poll.
Solicitors normally charge for drawing up and witnessing statutory declarations. You should find out the likely costs in advance. If you have a low income, you may be entitled to publicly-funded legal services to help with the costs of drawing up a statutory declaration. A fee is payable to the court for a JP to witness a statutory declaration - this fee can be waived if the client cannot afford it.
In order to get it witnessed you must go to the magistrates court. To find out when they hear applications for declarations you should contact your local magistrates court. They will also be able to tell you how much the fee will be.
5 Deed poll. A deed poll is a formal statement that a name has been changed. For most people it will not be necessary to prepare a deed poll as evidence that they have changed their name. However, there may be cases when a deed poll is required. For example, some professional bodies require their members to produce a deed poll as proof that they have changed their name.
Someone who has obtained a deed poll can do so again, at a later stage, should s/he wish to change her/his name again. S/he can also subsequently obtain alternative or additional evidence of her/his change of name.
You can prepare your own deed poll on a prescribed form, available from law stationers.If you prepare your own deed poll you should ensure that it is signed in the presence of two witnesses, who must also add their names, addresses and occupations. The deed poll should state that it is 'signed as a deed and delivered'.
Alternatively, you can have a deed poll prepared by a solicitor. This is advisable if you want to enrol the deed poll. Solicitors' fees for preparing deed polls vary and can be expensive, particularly if the deed poll is enrolled.
A deed poll can be enrolled in the Central Office of the Supreme Court. It is not necessary to do so and you can just keep the deed to produce as evidence of a change of name if required. However, enrolling a deed poll provides safe custody, availability of copies and a public record of the change of name. The change is also advertised in the London Gazette.
A deed poll can only be enrolled by British, British Dependent Territories, British Overseas or Commonwealth citizens and British subjects who are permanently resident in the United Kingdom.
There is no time limit in which a deed poll may be enrolled and it can be cancelled at any time.
If a client is married, a copy of the marriage certificate and her/his partner's consent is required by the Central Office of the Supreme Court in order for a deed poll to be enrolled. The client can request that her/his partner's consent is not required if, for example, s/he does not know her/his whereabouts. In this situation s/he will have to sign an affidavit and show there is a good reason for not obtaining her/his partner's consent and outline the steps taken to trace her/him.
This factsheet is about an adult changing their name only. This is not appropriate for changing children's names.
THIS FACTSHEET IS INTENDED AS A GENERAL STATEMENT OF THE LAW AND DOES NOT PURPORT TO RENDER SPECIFIC LEGAL ADVICE. SPECIFIC ADVICE ON A PARTICULAR PROBLEM SHOULD ALWAYS BE SOUGHT.
Source = http://www.thompsons.law.co.uk/ltext/fsfamnam.htm.
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