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Change of Name Deed

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Change of Name Deed

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About

A change of name deed, also known as changing your name by deed poll, is a legal document which allows an adult to change legal name on legal documents, such as a passport or driving license. Although name changes can be used informally, the deed serves as proof of a name change.Next steps

How much does a Change of Name Deed cost?

The cost for a licensed solicitor to help with a Change of Name Deed is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £99-£149 but in some cases it could cost as much as £199.

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Change of Name Deed Solicitors

There are many reasons that someone would want to change their name from simply not liking their birth name or feeling that it doesn’t represent them, to marriage, civil partnership, and divorce.

Our network of family solicitors can help you manage the process. 

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Contact us today to start a name change process. Our experienced lawyers are ready to help you change your name and make a fresh start for transparent, fixed fees,

What is a change of name deed? 

A change of name deed is the formal description of the process of changing a name by deed poll in England and Wales. 

Changing a name using a change of name deed means:

  • Rejecting and abandoning someone’s former name(s)

  • A requirement to use their new name(s) everywhere

  • Requiring everyone to address them by their new name(s)

What is a deed poll?

Adults can change their name in England and Wales by using a legal document known as a deed poll.

The documentation for a deed poll must be completed in writing, signed by you, and witnessed by two separate individuals. Deed poll documents must be executed meaning they are signed in the presence of witnesses, who must be:

  • At least 18

  • Be independent, not a family member

  • Not live at your address

  • Be proficient in spoken and written English 

Witnesses are often friends, colleagues, and neighbours. 

There are two types of deed poll an unenrolled deed poll and an enrolled deed poll. 

You can download the Government’s guidance for changing an adult’s name to begin the process which includes the notification form for the Gazette, the public record where name changes are announced.

Unenrolled Deed Poll

This legal document is the most common method of changing a name. The document can be used as evidence that your name has been changed. This document will be required by financial institutions and government agencies when you tell them you’ve changed your name.

You must be over the age of 18 to enroll in a deed poll, however, you can register at the age of 16.

Enrolled Deed Poll

Enrolling a deed poll is not a legal requirement to change your name, but it may be required by government agencies and financial institutions before they accept your deed poll. When you enroll in a deed poll your new name becomes a public record.

You must be over the age of 18 to enroll in your deed poll. 16-17-year-olds can be enrolled by those who have parental responsibility for them.

If you intend to enroll in your deed poll this must be specified from the beginning of your document in writing because specific wording is needed to enroll in a deed poll. Otherwise, the requirements of the courts may not be met. 

Do I need a deed poll through the Royal Courts of Justice?

Enrolling a deed poll at the Royal Courts of Justice puts your new name on the public record. You will have to pay a fee to HMCTS, currently £48.32. The forms for this can be found on Gov.uk.

Your signatures for your old and new names need to be witnessed by two people.

A Statutory Declaration must also be made by someone who has known you for at least 10 years. The declaration should be put in front by a legal professional, either a solicitor, Commissioner of Oaths, or an officer of the Senior Court, and you must swear an oath that the information you have provided is true. Your name change will then be officially published in the London Gazette.

What is the difference between a statutory declaration and a deed poll?

A statutory declaration is a sworn document swearing that the information provided within a legal document like a deed poll is correct.

A statutory declaration is harder to secure than a deed poll because it requires the witnessing of a legal professional, while a deed poll only needs to be witnessed by two independent people that you know. 

A statutory declaration is required to make a deed poll legally binding, the result of a deed poll and statutory declaration is that your name is changed.

Can I change my name to anything I want?

You may have heard of eye-catching celebrity baby names like those favoured by Elon Musk and singer Grimes. They named their first child X Æ A-Ⅻ Musk. But what are the rules in the UK for an acceptable name? 

There are no specific laws in the UK that stop you from changing your name to anything you want. In practice, there are restrictions and guidelines you must follow. 

  • You must have at least a first name and a second name – Prince, Cher, and Beyoncé would all be unacceptable

  • Your name must be pronounceable  

  • You cannot include symbols or numbers in your name – e.g. Ke$ha

  • You cannot include punctuation marks, apostrophes, or hyphens

  • Your name cannot promote anything illegal – e.g. Machinegun Kelly

  • Your name cannot be racist, promote hate, or discrimination 

  • Your name cannot make it seem like you have been offered a title, e.g. Duke, Lord, Lady, Professor – unless you have evidence.

How to legally change your name

Aside from deed poll, there are a few other ways you can legally change your name.

Marriage/civil partnership

It is possible to change your name without the need for a deed poll when you get married.

Your marriage certificate, civil partnership certificate, decree absolute, or dissolution of civil partnership certificate can act as evidence that your second name has been changed to that of your partner. 

Divorce

Whether you choose to change or keep your married name after a divorce is a personal choice – there’s no right or wrong answer to ‘Should I change my name when I’m divorced?’. 

Your choice will be determined by your children, your relationship with your ex-partner, and your feelings about your maiden name. 

There are more practical reasons why you might want to officially change your name. When you revert to using your maiden name, you’ll need to ensure you have changed it legally to update official documents like your passport and driving license so that you can travel abroad under your chosen name.

To change your name after divorce you will need to provide the following documents:

  1. Original Marriage Certificate

  2. Original Birth Certificate

  3. The Final Order

  4. A deed poll 

If you don’t have any of the required documents you can apply for copies from your Local Registrar. 

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Who can legally change their name?

In England and Wales, anyone over the age of 16 can change their name by deed poll.

Those aged 16-17 don’t need their parent’s consent to change their name, however, they require parents with parental responsibility to enroll them in a deed poll.

People who are married, divorced, or have dissolved their civil partnership can also legally change their name. When you get married you can change your second name to that of your partner without a deed poll. You just need a marriage or civil partnership certificate to evidence your name change. 

When your relationship breaks down you may choose to change your name. You’ll need to provide the final order or dissolution order to prove your name change.

Children’s names can be changed via a court order or a name change deed. Which will be required depends on the circumstances. Parents or legal guardians will need to initiate a name change for a child.

There are a variety of valid reasons to change a child’s name which we’ve written about in our guide.

Registered offenders including the following can change their names:

  • Sex offenders 

  • Violent offenders

  • Terrorist offenders

However, they must tell the police within 3 days of changing their name or they will be committing an offence.

Who can’t change their name?

Anyone who permanently lives overseas cannot change their name by deed poll in the UK. 

When a Child Arrangements Order or Special Guardianship Order is in place for a child, they cannot use a ‘known-as’ name – a name that someone is called by but isn’t their actual or legal name – unless agreed by everyone with parental responsibility or allowed by the court.

Do I need a solicitor for a change of name deed?

You don’t need a solicitor to change your name via deed poll in England and Wales. The documentation you need to fill in can be done without the assistance of a solicitor.

You can change your first name, middle name, and second name via deed poll, add hyphens, and change the spelling of your name if there is a spelling that you prefer. 

What solicitors deal with changing your name?

A family law solicitor can help you manage the process of legally changing your name. They can help you ensure all the paperwork and documentation is in place and correct, an experienced solicitor can ensure you manage the process confidently and quickly and change your name efficiently so you can move forward with your life.

Aside from a family law solicitor, a Commissioner of Oaths or an officer of the Senior Court can manage the process of changing your name.

How much do solicitors charge for a change of name deed?

The cost for a licensed solicitor to help with a change of name deed is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £99-£149 but in some cases, it could cost as much as £199.

How can Lawhive help?

Changing your name can be a sensitive subject, rest assured that our solicitors will treat it so.

Whether you want to change your name because you feel it doesn’t represent you or you are divorced and want to rediscover your identity, we can help.

Contact our network of solicitors today to start a name change process. Our experienced lawyers are ready to help you change your name and make a fresh start.

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