Wednesday, May 4, 2011

Change Your Name Legally By Deed Poll

How to change your Name
If you wish to be known by a different name you can change your name at any time, provided you do not intend to deceive or defraud another person. You can change your forename or surname, add names or rearrange your existing names by virtue of deed poll.
What is a Deed Poll?

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 Deed Poll for a change of name contains three declarations and by executing the Deed Poll (signing, dating and having your signing witnessed) you are legally committing yourself to:
Abandoning the use of your former name;
Using your new name only at all times;
Requiring all persons to address you by your new name only.
Effect of Deed Poll
The term deed poll refers to a document that is binding to a single person only or to several persons acting jointly (as one) to express an act. In the case of a name change, deed poll it is a binding document that one person creates to express the act of changing their name.

Benefit of using Deed Poll
The benefit of using a deed poll service to change your name is that you will be avoiding the courtroom process completely and have your name changed in a very short period of time. Just find a good service and begin the process of having the document written for you that will change your first or last name forever legally. You will have to confirm the name change by signing the document and then you should make sure to inform everyone who needs to know about your name change.
Why do People Change their Name by Deed Poll?
Some reasons are given below:
Upon separation, women who wish to be known their maiden name
Upon divorce, women who find they cannot get all their documents and records changed back to their maiden name without a Deed Poll.
Upon divorce, women with children who want to double-barrel their married surname with their maiden name (thus retaining a name link to their children).
People who have been using a different name to their birth name who want to formalise their name change so that all their official documents and records show the name they have been using
Unmarried mothers, whose children were registered with the father's surname, wish their children to have their surname following the breakdown of the relationship with the father.
Upon marriage or a civil partnership, the couple chooses to have a double-barrelled surname.
People who don't like their name because it is embarrassing.
People who have fallen out with their family and no longer wish to be associated by name with their family
Upon marriage, brides who take their husband's surname want to make their maiden name a middle name
Upon marriage, mothers who already have children from a former relationship want to have the surname of their children changed to the new family surname.
Women who change their surname to their partner's and their title to Mrs as an alternative to marriage.
Young people, when reaching the age of 16, who wish to change their surname to their mother and step-father's surname (because their father would not consent to their name change when their mother remarried).
People who have changed their religion and wish to have a name more appropriate for their religion.
People who have researched their family tree and wish to change their surname back to their original family surname.
People who wish to have an unusual or a "fun name".
Transsexuals who wish to change their name and title when they decide to live in their new gender.
Entertainers who want to formally use their stage name.
So long as you are not changing your name for fraudulent purposes, it doesn't matter what the reason is - it's your right to be known by whatever name you.

Will the Birth Certificate be changed?
It is unlikely that the original birth certificate will change; the reason for this is that the birth certificate is considered to be a historical record, correct at the time of birth. To change a name legally you will have to do this by deed poll.
Similarly, a deed poll cannot be used to get birth, marriage, civil partnership, decree absolute or educational certificates changed because these are historical records, which were issued in the correct name

Who can apply for a Deed Poll?
Your age, nationality and country of residence are the factors that determine whether you can apply for a Deed Poll to change your name.
Age requirement
To change your own name by deed poll you must be at least 16 years of age. To change the name of a child who is under 16 years of age. Please see below.
If you are British and resident in the United Kingdom
There are no restrictions to changing your name by deed poll
If you are British and resident outside of the United Kingdom
A deed poll has legal status for you, but you should contact your local Consular Services section at your nearest British Embassy to make sure there are no special requirements in your region

If you are a Foreign National and resident in the United Kingdom:
A deed poll has legal status for you, but you should contact the Consular Services section of your country's Embassy in the UK to ensure there are no special requirements

Undischarged bankrupts
If you are an undischarged bankrupt, you are free to change your name by deed poll. However, if you are self employed and want to trade in your new name, you must tell all those with whom you do business the name in which you were made bankrupt. This condition does not apply once you are discharged from bankruptcy. You must also notify the Official Receiver dealing with your bankruptcy of your name change.
People with criminal records
Having a criminal record does not prevent you from changing your name by deed poll. However, you must be aware of the following:
If you have any existing or pending criminal actions against you, you must notify the police station dealing with your case of your name change.
If you are on probation, you must notify your probation officer of your name change.
If you are on the Sex Offenders' Register, you must notify the police within 14 days of your name change. It is a criminal offence not to do so.
Asylum Seekers
UK deed polls are accepted by the UK Border Agency for both Asylum Seekers and Refugees.

Are there any Restrictions on Names?

The deed poll service will not accept an order for a change of name if:
it is impossible to pronounce;
it includes numbers or symbols;
it includes punctuation marks - although you can have a hyphen and an apostrophe;
the deed poll service consider it to be vulgar, offensive, blasphemous or unsuitable;
it may result in others believing you have a conferred or inherited honour, title or rank;
it does not include at least one forename and one surname.
Changing Your Child's Name
It is also possible to change a child's name by using deed poll if they are under 16. 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.