What’s in a name: changes of name and the deed poll process
There are many reasons you might want to obtain a legal change of name and to do so, you will need to obtain a deed poll.
Do I need a deed poll to change mine or my child’s name?
You do not need to legally change a name in order to start going by a new one, and a name can be changed via informal usage. However, if you want or need official documents (e.g. passport, driving licence, etc) or records updated to reflect the new name, you will typically need to obtain a deed poll.
If you are getting married or entering into a civil partnership, you do not need a deed poll to take your spouse or partner’s surname. If you are getting divorced or ending your civil partnership, you may not need a deed poll if you have the marriage / partnership certificate and the final order to hand.
What is a deed poll?
A deed poll is a legal document that serves as proof of a change of name. You can use a deed poll to change your first name, middle name(s), or surname. The deed poll will show your old name, new name, and home address.
What is the difference between an enrolled or unenrolled deed poll?
The process for obtaining a deed poll depends on the type of deed poll you are looking for: ‘enrolled’ or ‘unenrolled’.
The main difference between an ‘unenrolled’ and an ‘enrolled’ deed poll is that an enrolled deed poll registers a new name as a matter of public record. If you obtain an enrolled deed poll, yours or your child’s change of name will appear online and in The London Gazette (although you can ask the court not to publish a full name if you have privacy/security concerns). In most cases, an unenrolled deed poll will be all that is required to evidence a change of name.
How do I get an unenrolled deed poll?
If you are seeking an unenrolled deed poll, the process is straightforward. If you are 16 or over, you can ask solicitors to assist you or make your own deed poll using the suggested wording on the gov.uk website. You will need two witnesses over 18 to physically sign your deed poll. These witnesses should preferably not be relatives, partners, or live with you.
You can also make an unenrolled deed poll to change the name of a child under 18, although you will need a solicitor or other relevant specialist to draft this. If the child is over 16 they can use the same process as an adult.
How do I get an enrolled deed poll?
If you are looking for an enrolled deed poll and are 18 or over, you will need to apply to the Royal Courts of Justice. You will need to complete the required forms, which can be found on the gov.uk website, and send these together with documents in support to the King’s Bench Division of the court.
In order to obtain an enrolled deed poll for someone under 18, the process will depend on whether everyone with parental responsibility for the child agrees to the name change. If they do, the process will be the same as for an adult, using these forms. If they don’t, you will need to obtain a court order.
When will I need to go to court in order to change a name?
As above, applications for enrolled deed polls are made to the Royal Courts of Justice. You will only need a court order, however, if you are seeking an enrolled deed poll to change the name of a child under 18 and not everyone with parental responsibility agrees to the change of name.
In the latter scenario, you will need to apply for a Specific Issue Order from your local court using Form C100.
Talk to us
If you have further enquiries regarding a change of name or related issues, our friendly and committed team of Family lawyers are at your disposition. You can contact our team by calling 0345 872 6666 or by completing our online enquiry form.