In this blog, we look at the common reasons people change their or their children’s names and talk you through how to go about it.
Why do adults change their names?
One of the most common reasons for changing your name is following marriage, entering a civil partnership or after a divorce or dissolution.
It’s common for spouses to take on their new husband or wife’s surname, either by changing it from their previous surname or creating a double-barrelled last name combining both of their existing surnames.
It’s also common for people to change their surname back to their maiden name, or the name they had before they were married or entered a civil partnership, upon divorcing or dissolution.
Gender reassignment or wishing to have a name which better reflects identity or a cultural background can also be a reason to change your name.
What about minors?
A child’s name can be changed in one of two ways:
- With a Deed Poll – if the child is under 16 and each person with parental responsibility consents, or aged over 16 and one person with parental responsibility consents
- With a Court Order – if someone with parental responsibility does not consent to the name change of a child under the age of 16
The court will only grant a name change if it’s in the child’s best interests and doing so wouldn’t alter their self-identity. To begin the process, the parent seeking the name change would need to apply for a Specific Issue Order.
How do I legally change my name?
If you wish to change your surname to your spouse’s following marriage or civil partnership, you will only require a marriage or civil partnership certificate. This will provide sufficient evidence to authorities such as the DVLA, your bank, or the passport office.
If you wish to change your name back after divorce or dissolution of a civil partnership, you may need to just provide the final or dissolution order but, in some cases, you will also need a Deed Poll.
In all other circumstances, you will require a Deed Poll.
What is a Deed Poll?
A Deed Poll is an official document drawn up by a solicitor when someone wants to legally change their name. It provides evidence of your old and new names and can be used as proof of your new identity to update documents such as your driving licence and passport.
It can be used when you wish to add or remove names or hyphens, or if you want to change the spelling of your name.
Your new name must be pronounceable, not include symbols, numbers or punctuation (with the exception of a hyphen for double-barrelled names or an apostrophe in a name such as O’Connell), and cannot be used to change your title or the capitalised letters in your name. Additionally, it must not be vulgar or offensive.
There are two types of Deed Poll:
- An unenrolled Deed Poll is not registered with the court and does not publicly record your name change. This may be used if you wish to maintain your privacy, such as if you have experienced domestic abuse or stalking
- An enrolled Deed Poll provides a public record of your name change via enrolling it at the Royal Courts of Justice
Both are legally binding, but some organisations only accept an enrolled Deed Poll as proof of your new identity, so we always recommend that this be carried out unless doing so will compromise your safety for the reasons described above.
What are the steps to changing your name via Deed Poll?
To be eligible to change your name via Deed Poll, you will need to be aged 16 or above and a British citizen or resident. If you are under 16, a parent or guardian will need to apply on your behalf.
Our team would begin by drafting your Deed Poll. To do this, we would need your current and new names, your address, and a statement committing to using your new name.
The Deed Poll would need to be signed in the presence of an independent witness who is aged over 18.
If your Deed Poll is to be enrolled, we would submit the necessary documents to the Royal Courts of Justice, along with the fees which you would be responsible for paying.
What happens after you’ve changed your name?
It’s crucial that you update documents and records, such as your:
- Bank, building society or mortgage lender
- Passport
- Employer or an education provider
- Driving licence
- Pension provider
- Utilities companies, internet and mobile phone providers, and TV licence
- Electoral roll
- HMRC
- Police – you have to inform them within three days if you are a registered sex, violent or terrorist offender
- Local council
- Store or loyalty cards
- Insurance providers – car, life, health, etc.
- GP, hospital, dentist and other health providers
- Will, land registry
- Memberships, such as the gym or breakdown service for motorists
If you’ve booked a holiday, you may need to notify your travel company if the name on your booking doesn’t correspond to that on your passport.
Do I need a solicitor to help me change my name?
We always recommend seeking legal advice when changing your name to ensure the process is carried out smoothly and accurately to minimise any errors and challenges that may occur. This is especially important in complex cases, such as when you are applying to court to change the name of a minor.
Please contact our experienced team at hello@agrlaw.co.uk or call 0116 340 0094 to find out more.