Know Your Rights and The Law

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Name Changes & the Law

              
 
How to Change Your Name
To change your name legally you do not actually have to follow any legal procedure at all. But you might need a Deed Poll’ to apply for or change official documents, like a passport or driving licence. A deed poll is a legal document that proves a change of name. You may have to pay a fee to change your name by deed poll if you use a solicitor or agency. To have some evidence of a change of name you can:
 
              
  • Create your own Deed Poll
  • Download a Deed Poll from the Ministry of Justice website
  • Buy a Deed Poll from an agency or solicitor
  • Make a Statutory Declaration
  • Get a letter from a responsible person
  • Make a public announcement
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    You should not change your name to deceive or defraud another person. There is no legal procedure to follow in order to change a name. You simply start using the new name. You can change your forename or surname, add names or rearrange your existing names. Although there is no legal way to change a name, you may want evidence that you have changed your name. You may need to show govenment departments that you have changed your name when you apply for a driving licence or passport. You cannot change details on your birth certificate, except in limited circumstances.
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    Name Change by Statutory Declarations
    You can change your name using a Statutory Declaration. A Statutory Declaration is a short statement in a prescribed form, which has to be signed in front of a solicitor or notary. It is quite straightforward but falsely swearing a Statutory Declaration is a criminal offence and carries a penalty of up to two years in prison.
     
    A Statutory Declaration is generally accepted as evidence of a change of name. It is a statement, recording your intention to abandon your old name and adopt a new one. You can prepare a Statutory Declaration yourself, or use a solicitor to help you. If you want to do one yourself, you can use a sample Statutory Declaration to help you prepare it. You must sign your Statutory Declaration using your new name. It also has to be witnessed, either by a solicitor other than the one who helped you prepare the declaration, or by a Justice of the Peace (JP). JPs are lay magistrates who work in local magistrates courts.
     
    If the declaration is for a child, the child's parents will also need to sign it. A solicitor or JP may ask to see the child's birth certificate. Some magistrates’ courts are reluctant to witness Statutory Declarations for a change of name because they believe that you should use a Deed Poll instead. You should explain that you want the Statutory Declaration purely as evidence of the fact that you're using a different name and that you don't want to use the more formal deed poll. Solicitors normally charge for preparing and witnessing Statutory Declarations. You should find out the likely costs in advance. You'll also have to pay a small fee to the court if a JP witnesses your declaration.
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    Name Change by Letter
    You can change your name by getting a letter from a responsible person, such as a GP, solicitor, minister, priest or MP. This will often be enough evidence that you have changed your name. The letter should state that the person has known you in both names and that the change of name is to be used for all purposes. A letter will not be enough evidence if you are applying for a UK passport.
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    Name Change by Public Announcement
    You can change your name by placing an advertisement in a local or national newspaper. This should state that you have stopped using 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.
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    Name Change by Deed Poll
    You can also change your name by Deed Poll. It is the most popular method but it can cost money. A deed poll is a formal statement to prove that your 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, when applying for a passport. A child under 18 can only have your change of name recorded by deed poll by a person who has parental responsibility for you. However, if you are over 16, this can only be done with your consent.
     
    You can prepare your own deed poll on a special form, which you can get from a law stationers. If you prepare your own deed poll, you should make sure that it is signed in the presence of an independent witness, who must also add their name, address and occupation. You'll need two witnesses if you want to have your deed poll enrolled. The deed poll should state that it is 'signed as a deed and delivered'.
     
    There are online services available to help you prepare a deed poll. These may be cheaper than using a solicitor, but you should check carefully the likely cost before making use of a service like this. Otherwise, you can have a deed poll prepared by a solicitor. This is advisable if you want to officially register the deed poll, which is known as enrolling a deed poll. Solicitors' fees for preparing deed polls vary and can be expensive, particularly if the deed poll is enrolled. You should get information about the likely costs in advance.
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    Enrolled Deed Poll
    You can get a deed poll enrolled in the Central Office of the Supreme Court. You don’t have to do this. The alternative is to keep the deed poll to produce as evidence of a change of name if you ever need to. However, enrolling a deed poll means you can keep it safe, make copies available and have a public record of the change of name. The change is also advertised in the London Gazette. There is a small fee for enrolling a deed poll. The contact details for the Central Office of the Supreme Court are: Central Office of the Supreme Court, Royal Courts of Justice, Strand, London WC2A 2LL. The telephone number is: 020 7947 6000.
     
    An Enrolled Deed Poll is made in accordance with the Enrolment of Deeds (change of name) Regulations 1994. For children this requires the application to be supported either by the consent of every person with parental responsibility, or if not, require reasons to be given why the consents cannot be obtained. The Judge will have to take into account any lack of parental consent in making a decision to proceed with the change of name.
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    MARRIAGE (and civil partnership)
    You do not need a deed poll if you want to take your partner’s surname after getting married or entering into a civil partnership. All you need to do is send a copy of your marriage or civil partnership certificate to record holders, with a covering letter, and your documents and records will be changed for free to show your new surname. However, you will need a Deed Poll if you get married or enter into a civil partnership and want to double-barrel your surname.
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    DIVORCE (and ending a civil partnership)
    After getting divorced or ending a civil partnership, you may be able to go back to your original name by presenting your marriage certificate and your decree absolute (or your civil partnership certificate and your final order).
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    OTHER ORGANISATIONS
    Some organisations may not agree to change your name back without a deed poll.
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    DRIVING LICENCES
    To change your name on a Driving Licence all you need to do is complete the right form and send it to DVLA with your old driving licence and any supporting documents.
     
                  Photocard driving licence
                  For a car or motorbike licence, complete form D1 ‘Application for a driving licence’, available from the DVLA form ordering service or most Post Offices. For a lorry or bus licence, complete form D2 ‘Application for a lorry/bus licence’, available from the DVLA form ordering service. You also need to include original documents confirming your new name and include your photocard driving licence and paper counterpart. You don’t need to send a new photo.
     
                  Paper driving licence
                  For a car or motorbike licence, complete form D1 ‘Application for a driving licence’, available from the DVLA form ordering service or most Post Offices. For a lorry or bus licence, complete form D2 ‘Application for a lorry/bus licence’, available from the DVLA form ordering service. You will also need to include original documents confirming your new name and include your driving licence and a passport-type photograph. If you can’t send in your old driving licence you must declare on the form if your old licence has been lost, stolen or destroyed. The D1 car or motorbike applications are sent to DVLA, Swansea SA99 1BN. D2 lorry or bus applications are sent to DVLA, Swansea SA99 1BR.
     
                  Change of title
                  Use the processes above to change your title (eg Ms to Dr). You don’t need to send evidence for the change unless it’s for an hereditary title. The DVLA aims to deliver your new driving licence to you within 3 weeks of getting your application but it could take longer if they have to check your health or personal details.
     
                  Disqualified Drivers
                  If you’re disqualified from driving you can still tell DVLA if you change your name, just write to the DVLA, Swansea, SA99 1AB giving details of your old and new name, your driving licence number (if known) and date of birth. Your driver record will be updated and you’ll receive a D27 driving licence renewal application 56 days before your disqualification ends.
     
                  Log Book Changes
                  To change your name on a V5C registration certificate all you need to do is make the change and return the V5 to DVLA. Write your new name and/or address in section 6 of your V5C (you can’t give joint names or Post Office box addresses). Sign and date the declaration in section 8. Send the whole V5C to DVLA, Swansea, SA99 1BA. You’ll get a new V5C free of charge, usually within 4 weeks. Allow at least 6 weeks before contacting DVLA. If your vehicle needs taxing in the next 4 weeks then simply take your V5C to the Post Office - you can tax your vehicle and change your details at the same time. You’ll also need to take your MOT certificate. You can’t take a photocopy. In Northern Ireland you must also take an insurance certificate or cover note.
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    HMRC & TAX
    You can tell HM Revenue and Customs (HMRC) about your change of name or address through its secure online service. HMRC will update your details for various services, including PAYE (Pay As You Earn), National Insurance and Child Benefit. It will also tell the Government Gateway and the Pension Service. You will need to provide:
     
                  
  • Proof of identification
  • National Insurance number required
  • 3 years of address details required
  • your current or last employer’s name
  • private or occupational pension details (provider’s name and pension number)
  • UTR (unique taxpayer reference) number if you’re in Self Assessment
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    PASSPORTS
    To change your name on a Passport all you need to do is complete the right form and send it to the Passport Office along with any supporting documents. Passports need to be updated if you:
                  
  • Change your name by Deed Poll
  • Change your name by marriage or civil partnership
  • Revert to your maiden name or add middle names
  • Change your gender, even if your name remains the same
  • Alter The spelling of your name
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                  Passports & Minor Changes
                  You do not need to send any extra documents to remove a middle name from a passport. You only need to explain the change in section 8 of the application form or in the additional information box if you apply online. But if you change the spelling of your name slightly or change the order your forenames or add forenames or middle names you will need a new passport. Along with the application form you need to send a document with your new name on it. The passport office will accept:
                                
  • A letter from a local council or government department
  • driving licence
  • bank statement
  • baptismal or confirmation certificate
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                  Passports & Marriage
                  When getting married or entering a civil partnership you should decide whether to change your name before or after the ceremony. The name on your passport must be the same one you use when you book your travel. Before the ceremony you can change the name on your passport up to 3 months before the ceremony. Your old passport will be cancelled. The new passport is ‘post-dated’ so you cannot use it before the ceremony. You should note that some countries will not issue visas for post-dated passports. Check with the country’s consulate. You must send a standard passport application form along with the form ‘passports for newly weds and civil partners’. This form must be signed by the religious minister or registrar who will conduct the ceremony. Changing your name after the ceremony you send the standard passport application along with your marriage or civil partnership certificate. Unexpired visas in your old passport may become invalid. Again check with the country’s consulate.
     
                  Passports & Divorce
                  Going back to your maiden name you must send your passport application (signing it in your maiden name) form along with:
                                
  • A letter from a local council or government department
  • Your birth certificate
  • A signed statement saying you’ve gone back to your maiden name for all purposes
  • The Decree Absolute
  • A marriage certificate showing both names
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                  Passports & Titles
                  You can use various titles on your passport including: professional titles like doctor, judge, minister of religion, professor or QC. You can also include honours or military decorations and JP if you’re a magistrate. The details go in the ‘other title’ box of your application and you should also send in evidence of your title.
     
                  Passports & Gender Changes
                  When changing your gender you should sign your form using your new name and send one of the following with your passport application and supporting documents:
                                
  • a letter from your doctor or medical consultant confirming the change is likely to be permanent
  • A Deed Poll as evidence of your change of name
  • a gender recognition certificate
  • a new birth or adoption certificate showing your acquired gender
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                  Passports & Deed Poll
                  When changing your name by deed poll you only need to send your change of name deed with your form to the Passport Office.
     
                  Passports & Children
                  Where a child's name is different to that shown on their birth certificate the Passport Office will require documentary evidence of the change of name. Childrens names can be changed using a Deed Poll. A child over 16 years of age can change thier own name unless they are subject to a court order.
     
                  Parents can change the name of thier children via Deed Poll too. But this will only will only be accepted by government departments if all those with parental responsibility have consented or a Court Order has been obtained to allow the change. No government body should allow a child to be known by a new name without the consent of every person with parental responsibility. Where a child is the subject of a current court order, including a care order, custodianship order, parental responsibility order or residence order made by a court in England and Wales or Northern Ireland the child's name cannot be changed without the written agreement of every person who has parental responsibility for the child, or by leave of the court so long as the court order remains valid.
     
                  Documents relating to a child's change of name should be the original, a certified copy, or a photocopy that has been certified as a true copy by a responsible person. The evidence required is largely the same as that needed for an adults change of name:
                                
  • Enrolled deed poll
  • Unenrolled Deed Poll
  • Statutory Declaration or Affidavit
  • Adoption order/certificate
  • Certificate from the Court of the Lord Lyon of Scotland
  • Certificate of record at the College of Arms
  • Act of Parliament
  • Certificate of Naturalisation or Registration
  • Re-registered Birth Certificate
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                  Passports Misc
                  If you name does not match your birth, naturalisation or registration certificates, you must send one of the following with your passport application:
                                
  • Enrolled deed poll
  • Change of name deed
  • A Statutory Declaration or affidavit
  • You must send proof of every name change you’ve made
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                  If you’re already using your new name, you must send evidence with your new name on it, eg a payslip or letter from your local council. You must send original documents, not copies. You can send laminated documents as proof of name changes. You should sign the form using your new name. You can get further help and advice from the Passport Adviceline on 0300 222 0000.
     
                  You do not need to get a new passport when you change:
                                
  • Your job
  • Title
  • Address or Contact Details
  • When you emigrate
  • Change your marital status but keep your name
  • Obtain nationality of another country as well as your British nationality
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    Blue Badges
    To change the details on your Blue Badge you will need to supply your Blue Badge number, National Insurance Number and local council. You then only need to give the details you want changed. You can ask for a replacement badge if your name has changed. Replacement badges usually cost £10. You can carry on using your old badge until the new one arrives. The whole process can be completed quickly and easily online at bluebadge.direct.gov.uk
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    Child Benefit
    You should report changes that affect your Child Benefit by telling the Child Benefit Office, including changing your name. You must still report changes even if you have stopped getting Child Benefit because of the Child Benefit tax charge. If you do not you may not get all the money you are entitled to or you may be overpaid and have to pay money back. You can report changes online or you can call or write to your Child Benefit Office. This can be done online at online.hmrc.gov.uk/shortforms
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    Children
    Young people are legally entitled to execute a Deed Poll from the age of 16. They are able to change their name without parental consent unless there is a court order still in force that forbids the change of name. Legally the decision to change their name is their own and there will in general not be good reason why the wishes of someone with parental responsibility should override the wishes of the 16 year old unless there are exceptional factors that need consideration.
     
                  Parents Changing a Childs Name
                  Parents can change a childs name using a Deed Poll. But generally this will only will only be accepted by government departments if all those with parental responsibility have consented or a Court Order has been obtained to allow the change. No government body should allow a child's name to be changed without the consent of every person with parental responsibility.
     
                  Where a child is the subject of a current court order, including a care order, custodianship order, parental responsibility order or residence order made by a court in England and Wales or Northern Ireland the child's name cannot be changed without the written agreement of every person who has parental responsibility for the child, or by leave of the court so long as the court order remains valid.
     
                  Where a child who is not subject to a Court Order has changed their surname, the Court of Appeal in May 1998 clarified the procedure to be adopted for changing the surname. It concluded that the change of a child's surname is fundamental and, in any case of dispute where both parents have parental responsibility, either the consent of both parents or a court order is necessary.
     
                  This can be established with a court order (normally a Specific Issue Order) or by the written consent from both parents. Alternatively, a Statutory Declaration made by one parent confirming that every person with parental responsibility is aware of, and consents to, the change of name.
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    Links & Further Reading:  
    HM Government Deed Poll: www.gov.uk/change-name-deed-poll
    Blue Badges: bluebadge.direct.gov.uk/directgovchange.html
    Child Benefit: online.hmrc.gov.uk/shortforms
    Citizens Advice Bureau: www.adviceguide.org.uk

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