As previously advised, (if you live in the UK) to change your US passport to anything other than simply adopting your married name, you must use statutory declaration. Deed poll is not acceptable.
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You're absolutley wrong, and, as a Lawyer, I can assure you that a Deed Poll is an acceptable form of declaration for an American Citizen who wishes to change their name on UK documentation. However, for American Citizens, the US Embassy
may require that the Deed Poll is
SIGNED in the presence of a Solicitor as opposed to it being signed in the presence of A N OTHER.
The difficulty that this lady will be encountering with regard to the 15minute simple process of changing your name in the UK - is that, with respect, people like you offer unqualified misleading information.
On average, 50,000 people change their name using a Deed Poll every year in the UK. A significant percentage are aliens.
Foreigners (Alien)The use of the word alien has a specific legal meaning - a person who, under the law of a particular state, is not a citizen of that state, but who is a resident alien.
The law deems any person who is not a Common Wealth Citizen, a citizen of the Republic of Ireland or a British Protected Person, an alien.
The law provides that an alien is free to change their name by Deed Poll. However, an alien cannot enrol a Deed in the Central Office of the High Court of Justice. (The does not stipulate that a Deed MUST be enrolled anyway)
Changing a name by Deed PollA Deed of Change of Name is a legal document which enables a single person or a family to officially change his, her or their name and is bound to that contract. It is a type of Deed Poll and in informal usage is it usually referred to simply as a Deed Poll.
A Deed Poll is a legal document binding only to a single person or several persons acting jointly to express an active intention. It has been said that a Deed Poll is a form of contract; however, the law of contract provides that, in order to enter into a contract, there must be two persons whereby one person will do something in exchange for the other persons promise.
It can therefore be said that a Deed Poll is strictly speaking not a contract because it generally binds only one party and expresses an intention (i.e. an intention to change a name) instead of a promise (i.e. a promise to change a name in exchange for something else).
The term "deed", also known in this context as a "specialty", is common to signed written agreements not supported by consideration: the seal (even if not a literal wax seal but only a notional one referred to by the execution formula, "signed, sealed and delivered", or even merely "executed as a deed") is deemed to be the consideration necessary to support the contract between the parties to the deed.
"Poll" is an archaic legal term referring to documents with straight edges; these distinguished a deed binding only one person from one affecting more than a single person (an "indenture", so named during the time when such agreements would be written out repeatedly on a single sheet, then irregularly torn or "indented" so that each party had a document with corresponding tears, so as to discourage forgery).
Enrolment of a Deed Poll in the Central Office of the High CourtThe law in the England & Wales does not stipulate that you must enrol a Deed, however, such a deed may be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette. The registration of deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.
If you wish to enrol a Deed, the Royal Courts of Justice will charge you as follows:
Court Enrolment Fee £10.00
Advertisement Charge £52.88
Copy of London Gazette £1.55
The Central Office of the High Court will not write a Deed Poll for you – they simply enrol it. You must write your own Deed Poll or enlist the services of a Solicitor or Deed Poll Specialist.
To evidence that the Deed Poll has been signed you may register it with the College of Arms.
The Deed Poll must be signed in the person’s old and new surname. A person is not permitted to sign the Deed Poll on behalf of the person changing their name.
There are certain regulations to which an adult must adhere when enrolling a Deed with the Court; moreover, special regulations also apply if the application for enrolment is made on behalf of the child.
You cannot apply to enrol a Deed Poll unless you are a Common Wealth citizen. The UK is a member of the Common Wealth whereas Ireland is not.
If the applicant is assuming the surname of a cohabitee, the applicant must supply the Court with details about whether the person has a spouse; whether that person is divorced or separated from that spouse; where the spouse is living; whether the person or the applicant has any children either by their respective marriages or with their relationship; if their are any children, where applicable, with whom the children reside.
The applicant must obtain a sworn statement made by a person with whom the applicant has been acquainted for period of not less than 10years. The sworn statement must confirm the identity of the applicant, moreover, the statement must be sworn by a person who is a Commonwealth citizen and a householder living in the UK.
Upon making the application, the applicant is required to submit a draft copy of an advertisement to include details of the Deed Poll to London Gazette. Upon enrolment, the Court Clerk will publish the advertisement.
The Court will only acknowledge names where the name is legible; moreover, the Court will refuse to change a name if the reason for the name is to cause confusion or mischief.
The law in the United KingdomIn the United Kingdom the Law provides that you are free to change your name without using a Deed Poll - you simply start calling yourself by your new name. However, all UK Government departments, including the Home Office Identity & Passport Service, HM Revenue & Customs, the Department for Work & Pensions and the Driving and Vehicle Licensing Authority, will not acknowledge a change of name unless presented with a declaration in the form of a Deed Poll.
Similarly, most private organizations and companies in the UK, including your bank, will not allow you to change your name on the records that they hold without you first presenting them with a legal declaration in the form of a Deed Poll.
For a thorough explanation of the law pertaining to a change of name in the UK - please click:
http://www.thelegaldeedservice.org.uk/page9.htm#3 [nofollow] Regards,
Julie
