The Employment Appeal Tribunal (EAT) has ruled that, when rejecting an employee's complaint of...
Change of Name Deeds and Deed Polls
There are many reasons why someone might want to change their name — from marriage or divorce to personal choice or gender transition. In England and Wales, adults have a legal right to change their name, as long as it is not done for fraudulent reasons. The process is simple but must be done correctly to ensure your new name is legally recognised by official organisations.
The terms Change of Name Deed and Deed Poll are largely inter-changeable. Each is a legal document used to officially change a name of an adult or child. A Deed Poll is a specific type of Change of Name Deed required if it is to be enrolled (see below).
A Change of Name Deed can be used to update formal documentation with relevant organisations such as
• HM Passport Office
• DVLA
• HM Revenue & Customs
• Your employer and pension provider
• Banks, insurance companies and utility providers.
Changing your name can include changing any aspect by adding or deleting hyphens, changing the spelling or altering any other part of the name.
To change your name, you simply need to start using your new name for all purposes. However, when you start to apply for a new passport or to open a bank account, for example, you may be asked to provide formal evidence that you changed your name. This is where a Change of Name Deed or Deed Poll is essential.
There are two types of Change of Name Deeds:
- Unenrolled Change of Name Deeds/Deed Polls
- Enrolled Deed Polls
Unenrolled Change of Name Deed or Deed Poll
An unenrolled Change of Name Deed or Deed Poll is a document you can make yourself without going through a formal legal process. The deed poll must be signed by the individual in the presence of one witness and can be completed by anyone above the age of 16. (Although, strictly, only one witness is required, some organisations may (incorrectly) expect to see two witnesses unless the single witness is a legal professional). There is no set format although the wording does need to make it clear what your former and new names are. It can be useful to get a solicitor or notary to help you draft and complete it. They can also act as your witness.
Enrolled Deed Poll
An enrolled Deed Poll is a Change of Name Deed that is officially registered at the Royal Courts of Justice. You must be over the age of 18 to apply to register and use the Courts deed poll process which involves particular wording. Two witnesses are required (one of which could be your solicitor or a notary) and a statutory declaration needs to be made by someone who has known you for 10 years, usually in front of a solicitor or notary. Notice needs to be given to The London Gazette, and once registered, your new name is on the public record and can be searched online.
Changing Your Name Following Marriage or Civil Partnership
If your name change is due to marriage or civil partnership, you do not need a deed poll. Your marriage or civil partnership certificate serves as legal proof of your change of name. You can present this certificate when updating your passport, driving licence or financial records. The same applies if you revert to your maiden or previous name after divorce, as long as you have your decree absolute or final order.
Changing a Child’s Name
Changing a child’s name requires the consent of everyone with parental responsibility. If all parties agree, a Deed Poll can be signed on the child’s behalf. However, if there is disagreement, a court order under the Children Act 1989 may be necessary. The court’s decision will always be based on what is in the child’s best interests.
How we can help
If would like help with a Deed Poll or Change of Name Deed, we can guide you through the process, including providing a suitable template for a Change of Name Deed. We charge £160 plus VAT (£192). If you want a Deed Poll, there is also an enrolment fee, payable to the Courts, of just over £50.
Our fee includes providing witnesses and completing the statutory declaration which, as indicated above, is required for an enrolled Deed Poll and needs to be declared in front of a solicitor or notary public by someone who has known you for at least 10 years.
What a notary appointment looks like at CWJ
Contact our solicitors in Orpington today
We can talk through the procedure with you and prepare the document at a very competitive price. Please contact Alis Ahmedova on 01689 887884.