Legal Basics - changing your name

It is actually perfectly legal for anyone in the UK over the age of 16 to call themselves by whatever name they so desire, provided they do not intend to defraud anyone by using the new name. There is actually no formal legal process that has to be adopted for them to use their new name. 

However if you want to obtain certain documents like a passport or driving licence, or amend current documents into your new name, then you will probably need some evidence of your change of name. This is usually done by a Change of Name Deed (sometimes called a Deed Poll) (see below for information and our draft), or a more formal Statutory Declaration (see below for information and our draft). A statutory declaration is sometimes required by some of the fussier financial institutions - banks and building societies for example.

Note that you cannot generally change the name on your birth certificate, marriage certificate or decree absolute.

A Change of Name Deed

There is no great magic or complexity in a Change of Name Deed. It is simply a formal written and witnessed document, which indicates your former name and the name you intend to use from now on. It can be used as evidence that you have formally changed your name. This could be a change of first name or last name, the addition of names, or the dropping of names. A Change of Name Deed can only be entered into by an individual over the age of 18. If they are a British citizen then they can be living anywhere in the world. If they are not British, then they must be living in the UK, but the Deed may not be sufficient to change documents and details outside of the UK.

Once the Deed has been properly completed it needs to be executed by the person changing their name, and witnessed by another party. It is then a legal document and can be used to prove your new name.

If you would like to use our draft change of name deed to create your own document, the cost is just £7.50, inclusive of vat. The Deed is for adults only and is acceptable to all major institutions in the UK including the Identity & Passport Service (formerly the Passport Agency), the DVLA and the DSS. More than 800 users have successfully downloaded and used our draft over the past 22 months. 

"The DIY Change of Name Deed was very easy to use - I had completed the relevant details, printed, signed and had the signature witnessed within an hour." 

If you have any problems using these systems or the document then please email us.

A Statutory Declaration 

This is a slightly more formal legal document, which is usually only required by some of the fussier financial institutions. As you will have to pay a solicitor to have it sworn we suggest you check if your bank/building society will accept a Change of Name Deed, or insist that you swear a Statutory Declaration.

It is a more formal document in that you need to swear it in the presence of a solicitor or other authorised officer of the court. A solicitor will charge a small fee for this service. They can also prepare the Statutory Declaration for you, but the cost is likely to be £50 - £100, and it is very easy to prepare your own - see below for a simple draft. Generally it is not necessary to have a Statutory Declaration, although some official bodies may insist on seeing such a document as proof of change of name.  

If you want to prepare your own Statutory Declaration and then swear it before a solicitor then we have prepared a draft stat dec that you can use to create your own document. The cost is just £7.50, inclusive of vat. The Stat Dec is for adults only and is acceptable to all major institutions in the UK including the Passport Agency, the DVLA and the DSS. 

Changing Your Child's Name 

It is also possible to change a child's name by using as a special Change of Name Deed (sorry we cannot supply a draft at this time) if they are under 18. Those who have parental responsibility over the child must consent to the change of name, and so must the child themselves if they are over 16.

What is parental responsibility ? -  This is a legal term and it means having "all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property". 

A mother of a child in the UK automatically has parental responsibility for her child from the moment he or she is born, but it is slightly different for fathers. 

If the child's father was married to the mother at the time of the birth, or subsequently marries her, then he too will have parental responsibility for the child. (In Scotland the father will have parental responsibility if he was married to the mother at the time the child was conceived; in Northern Ireland subsequent marriage has no effect, but from April 2002 an unmarried father named on the child's birth certificate does have parental responsibility). 

An unmarried father can now (from 1 December 2003) also obtain parental responsibility if he registers the birth of his child with the mother.

If a parent has parental responsibility then his/her consent must be obtained, whether or not he/she is living with the other parent and/or the child. If this consent cannot be obtained then it is possible to change the child's name, but only with the permission of the court.  

Unmarried fathers - If the father of a child is not married to the mother then, apart from in NI (see above), he will not have automatic parental responsibility for his child. However this can be acquired through an application to the court, subsequent marriage (not in NI), or by a formal agreement with the mother. An unmarried father can now (from 1 December 2003) also obtain parental responsibility if he registers the birth of his child with the mother.

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