Change of name Deed

Out with the old…………

Many people regard the ending of their marriage as a moment to take stock of their lives.  The date of the decree absolute – the final decree of divorce, is often marked with parties, new resolutions & garage sales of all those now-unwanted, once-loved items of personal memorabilia.    One of the things first on the chucking-out list is the ex-spouse’s surname!

A woman may wish to revert to her maiden name,  or take on a new persona and change it to something completely different.   She may also wish to change her children’s names.

How do you do it?

If you are reserving a table in a restaurant or introducing yourself to a new friend, you could call yourself anything you wanted.  However, certain organisations, such as banks and the Passport Office  require greater formality:  written proof of the change of name, and for this you will usually need to have a ‘Change of Name Deed’ drawn up.  A solicitor can prepare a ‘Change of Name Deed’ and provide you with certified copies which you can use to notify those organisations of the name change.

Having changed their own surname, or having remarried, many mothers then wish to change the surname of their children.  However, changing children’s names after divorce is not so straightforward.  All those who have Parental Responsibility for the children must give their consent and this, of course, generally includes their father.  Without his consent, she will need to apply for a court order.   The rights go both ways: if a father believes the mother is permitting the children to be known by a new surname, he could apply for an order prohibiting her from allowing them to be known by any surname other than their surnames as registered on their birth certificates. 

Courts are reluctant to make orders allowing change children’s surnames as they consider that the children may gradually become isolated from their father if links such as his surname, are removed.  A compromise in a recent case was reached when the parents agreed for the child to have a double-barrelled surname – a bit like what happens for example, in many Hispanic countries, where everyone has two surnames – their father’s,  followed by their mother’s.  So, Lionel Messi  is actually LionelMessi Cuccittini

If the mother does get the father’s consent to change the children’s surname, then she may still need a ‘Change of Name Deed’.  This is similar to a ‘Change of Name Deed’ for herself, only she signs the deed on behalf of the child. Again, certified copies of the signed deed will be used as proof of the child’s name change.

If in doubt seek legal advice, here at GoodyBurrett we can help!  For more information please contact our family team.  You can email [email protected] or call our office on 01206 577676.