deedpoll

Explaining Unenrolled Deed Poll

What Is an Enrolled Deed Poll?

An enrolled deed poll provides legal evidence of your name change, providing proof that your new identity will be used publicly. This document acts as proof.

Deed poll is an easy and legal way to change your name on records and documents. All government bodies, such as HM Passport Office and the DVLA accept it as proof that your name has changed.

Deed polls may either be registered with or unenrolled from the Register.

An unenrolled deed poll is a legal statement declaring your name change and can easily be obtained online, bypassing solicitor fees altogether.

An Enrolled Deed Poll must be registered at the Royal Courts of Justice in London to become effective, then stored for 5-10 years within their Enrolment Books for Senior Courts of England & Wales before eventually being archived at Kew National Archives at Richmond in Surrey for permanent storage.

By enrolling a deed poll, you are legally recording details about your name change on public record. Your old and new names as well as home address will appear both print edition and website edition of The London Gazette.

Who Can Enrol for a Deed Poll? Anyone aged 18 years and above is eligible to register their deed poll.

Your deed poll can only be signed if you were born in England or Wales; other name change procedures apply if born in Scotland or Northern Ireland.

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How Can I Enroll A Deed Poll?

Deed polls used for enrolling require specific language and additional details that cannot be obtained via standard channels like UK Deed Poll Office or similar online services for this purpose.

If your deed poll is going for enrollment, consulting a solicitor is key in order to prepare and document everything appropriately. Most documents also must be witnessed by one as part of this process – to locate one near you contact The Law Society of England & Wales for help in doing this research.

Additionally, it is necessary for you to get a statutory declaration signed in front of a solicitor or notary public by someone who has known you for at least 10 years; or an Affidavit which explains why you want to change names if that applies – all these documents will then be presented before the Senior Master for approval of this name change registration.

Once your deed poll and other documents are prepared, you can submit a complete application at Royal Courts of Justice for enrollment. Their website features guidance forms for changing an adult’s name as well as notification forms for The Gazette.

Send forms and documents directly to Queen’s Bench Division using this address:

Queen’s Bench Division at Royal Courts of Justice. Room E15.

Deed Poll enrolment costs PS42.44; cheques should be payable to HMCTS.

Enrolled deed poll for children under 18 When enrolling deed poll for children aged under 18, written consent of all with parental responsibility as well as court approval is necessary to enroll a deed poll. You will also require an Affidavit of Best Interest stating why changing names would be in their best interests as well as having completed all relevant forms, including notification forms sent directly to The Gazette and notifying it that this application for change of name of minor must go before Senior Master for consideration before registration can begin.

If you would rather only publish their first name in The Gazette, simply contact Queen’s Bench Division and request this option.

Are Deed Polls Required for Registration? Enrolling or Registering Your Deed Poll

Enrolling or registering a deed poll is entirely voluntary – you do not legally need to enroll it somewhere in any form.

Mr Justice Holman made this clear in Re PC (Change of Surname) [1997] 2 FLR 730 before the High Court. He held that while an order to change surname could not be granted until all court processes had concluded, such was no reason for an appeal against any potential changes being ruled on in that particular matter.

“Enrolling in a deed poll does not mandate changing of surname, it merely provides evidence of this change.”

Lord Justice Ormrod’s ruling in D v B (orse D) (Surname Birth Registration) (1979 Fam 38, Court of Appeal), made clear that deed polls do not need to be registered:

Enrolment should only serve evidential and formal needs. A deed poll remains as effective or ineffective regardless of its registration; its sole benefit lies in providing unchallengeable proof [that a deed poll was executed]. No more.

Make sure that you remember that deed poll documents are considered confidential documents which must only be consulted with permission, while UK Deed Poll Office records are kept strictly private and cannot be made accessible publicly.

Enrolling Your Deed Poll

Enrolling a deed poll may provide more concrete proof of a name change than opting for an unenrolled deed poll, however this process does not make the name change any more official or affect its legal standing. All government bodies in the UK accept unenrolled deed polls such as those offered by UK Deed Poll Office; enrolling one only creates a permanent public record of it.

One advantage to enrolling your deed poll is having it safely archived by an appropriate government body.

Registering a deed poll does have certain disadvantages:

Enrolling a deed poll does not provide legal benefits or are required by government organizations for legally changing your name, though the process can be complex, time consuming, and expensive. As well as paying deed poll fees, solicitor and court fees must also be covered. Deed poll documents may only be made enrolable once. To create certified copies, however, additional costs will likely arise for consulting a solicitor or notary public for help with making certified copies of them. Your name change details will become part of public record and online archives for posterity; this could prove inconvenient if your goal is to conceal personal details from becoming part of public discourse – for instance when altering one name so as not to enable someone to find you more quickly or easily.

If you are married or in a civil partnership, to change your name legally you need their written approval – although this document could prove difficult if already separated. As part of your application for residency or citizenship in Ireland, a declaration has to be submitted before an appointed solicitor or notary public. You will require at least 10 years’ worth of acquaintanceship with someone before making the declaration before either solicitors or notaries public. Five years after enrolling, your deed poll will be sent to the National Archives in Kew, Surrey and certified copies can be collected there at a fee of PS25 each time you visit in person.

Why People Enroll their Deed Poll?

Deed poll enrolment first came about more than 150 years ago at a time when changing names through Royal Licence or private Act of Parliament was fairly routine and advertised through newspapers such as The Times; today however it is much rarer; indeed the last Act of Parliament to change any name was done over 100 years ago!

Deed poll registration allows an individual to ensure they use the official and correct means to legally change their name; however, most individuals nowadays choose an unenrolled deed poll application which offers simpler, faster, and cheaper means to legally change your name.

 

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Do I require the services of a solicitor when witnessing my Deed Poll?

In general, no. However, under certain conditions if your Deed Poll has already been signed and witnessed it might need certification by another party in order to officially verify it as valid and legal document.

For instance, if you are an Australian national living overseas and marrying abroad, or need a Deed Poll witnessed and certified, then having the presence of a solicitor at this event may be essential.

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