Changing Names in England & Wales: Evidencing a Change of Name

The Evidence – For Adults

If you are about to get married and wish to take your spouse’s/civil partner’s surname as your own then the only evidence required for most organisations will be the signed marriage certificate or signed civil partnership certificate.

Equally, if you have divorced from your former spouse/civil partner and wish to resume using your original/maiden name then many organisations will accept the ­Decree Absolute/Final Order document received at the end of the divorce process as sufficient evidence.

However, if the above situations do not apply to you and/or you are seeking further evidence of your change of name then, subject to certain exceptions, you will need to explore one of the following options:

  1. An Unenrolled Change of Name Deed
  2. An Enrolled Change of Name Deed

Unenrolled change of named deeds are more straight forward than their enrolled counterpart. They also produce an original document which you need to keep to evidence your change of name. However, with the increase in organisations relying on digital databases to complete their identification checks it should be noted that not all organisations will accept an unenrolled change of name deed. It is therefore a good idea to check with each organisation with whom you wish to update your name as to their policy regarding enrolled and unenrolled change of name deeds.

Alternatively, you may choose (or need) an Enrolled change of name deed. These are usually completed by the person wishing to change their name and are achieved by completing the various forms on the government website and following the guidance on each form which can also be located on the government website. Enrolled change of name deeds are the highest form of evidence for a change of name, they are just as effective as an unenrolled change of name deed but benefit from being reviewed by the High Court and being published in the London Gazette (subject to the High Court’s review) providing a public record of the change of name. While having many advantages, the enrolled change of name process can take many months to complete due to being a more involved process and the potential for encountering back log during the enrolment process.

But what if I wish to change my child’s name?

Well, the process for changing an adult or a child’s name is essentially similar to the formula above. It is advisable to seek specialist legal advice from us before proceeding as this may involve the need to make an application to court where the change is not consensual.

For example, one major consideration is parental responsibility. In order to change a child’s name by any of the methods above the consent of all the individuals who hold parental responsibility for the child will be required and will usually need to be evidenced in writing.

In addition, if the child is aged 16 or 17 then they too will need to consent to the change of name and they will be required to sign the relevant documentation and to have that signature duly witnessed.

Please note that the above are just a few of the many potential considerations that will need to be assessed when exploring changing a child’s name.

I would like advice as to how best to proceed. Who should I contact?

You are more than welcome to contact us on 01305 768888 or email contact@pengillys.co.uk and a member of our family department will be happy to discuss the above further with you. Equally, if you have any other legal concerns, please contact us on the above and we will put you in contact with our specialist lawyers.

The materials (including articles) on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied is given in relation to such materials. We shall not be liable for any errors or omissions (whether technical or typographical) within the information provided on this website. Please note that viewing the website and the materials on it does not constitute or form a solicitor client relationship between you and Pengillys LLP.