INTRODUCTION
Generally speaking if you want to change your name then you can just go ahead and do it and call yourself what you want. The only restriction is that the change must not be made with a fraudulent intent. Any change of name in law results not from the execution of a deed or from its enrolment at court but simply from the use of a new name.EVIDENCE OF NAME CHANGE
It is obviously useful to have some paperwork available to prove that you are using a particular name. Usually that paperwork is a Birth certificate or a Marriage certificate or preferably a Change of Name Deed or Deed Poll.Various authorities such as the Inland Revenue, Banks, Building Societies or Insurance companies, all like to see written evidence as proof of a change of name.
CHANGE OF NAME DEED – DEED POLL
If you want to use a new name then the easiest and quickest way is to sign a Change of Name Deed or Deed Poll. Change of Name Deeds and Deed Polls are different names for the same type of document. These are simple documents that can reflect the change of name and be used as evidence of the date the new name was used.COURT REGISTRATION
If you wish you can register your Change of Name Deed or Deed Poll with the central office of the Supreme Court of Justice. This is optional and it is up to you as to whether you wish to formally register the deed. To register the Deed with the Court then the rules of court and regulations state that the applicant must: -- Be described as being single, married, widowed or divorced.
- Sign the deed in both the old and new names
- Be a British or Commonwealth citizen
- Produce a Statutory Declaration exhibiting the Change of Name Deed and any relevant Birth and Marriage certificates.
- Produce any relevant Birth and Marriage certificates
- Accept that the court will issue an advertisement in the London Gazette
- Obtain in certain circumstances the consent of their spouse
- Pay an enrolment fee and advertising charges
CHANGING CHILDRENS NAMES
A child’s name can only be changed by the persons who have what’s known as, "Parental Responsibility". Parents who are married both have parental responsibility for their children. With unmarried parents it’s only the mother who has parental responsibility. If the unmarried father wishes to have parental responsibility then the mother can give him it, by signing a Parental Responsibility Agreement (which must be registered with the Family Division of the High Court) or he must make an application to the court.Procedure
An application to change the family name of a child has to be made with the written consent of all the people who have parental responsibility. Signing a formal change of name deed can change a child’s name. Whether the deed is actually registered at court is purely optional. However, where a person who does not have parental responsibility makes it then permission of the court will be required.
Separated parents, who have not been married, must seek the each other’s agreement to a change of name if both have parental responsibility and in the absence of agreement can apply to the court for permission. If either of them has a residence or contact order an application must always be made to the court. If the parents have been married an application to the court is always necessary before the child’s name is changed to one which is not the father’s. Sharing the name is seen as an important way of keeping a link between the father and the child and the court will be reluctant to allow a change unless there is a compelling reason which makes a change best for the child.
If the child is under 16 the person having parental responsibility must sign the deed. If the child is over 16 (but under 18), the deed must be signed by the child also confirming their consent.
