Court Affidavit For Change Of Name Template for England and Wales
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What is a Court Affidavit For Change Of Name?
A court affidavit for change of name is a sworn written statement made before a solicitor or commissioner for oaths in England and Wales, used to support the formal enrolment of a deed poll in the Senior Courts or to provide evidence of a name change in legal proceedings. Civil Procedure Rules Part 32 and the Enrolment of Deeds (Change of Name) Regulations 1994 set out the procedural requirements. The affidavit records the deponent's former and new names, confirms that the former name has been wholly abandoned, and is signed and sworn in the presence of an authorised officer.
Frequently Asked Questions
When is a court affidavit needed for a change of name in England and Wales?
A sworn affidavit is required when a name change is being enrolled in the Senior Courts using the formal deed poll enrolment process, or when court proceedings (such as a family court application) require evidence of a prior name change. For informal unenrolled deed polls, an affidavit is not necessary, but some organisations ask for one as supporting evidence.
What is the difference between an enrolled and an unenrolled deed poll?
An unenrolled deed poll is a private document signed in the presence of a witness; it is legally effective but not recorded on any public register. An enrolled deed poll is lodged with the Senior Courts and appears on a public record. Enrolment is optional for adults but may be required for minors, and the affidavit requirement applies to the enrolment process.
Who can administer the oath for a change-of-name affidavit?
Under the Commissioners for Oaths Act 1889, the oath may be administered by a solicitor, a commissioner for oaths, a notary public, or a court officer authorised for the purpose. The deponent must swear or affirm before the officer in person; a remotely witnessed affidavit is not valid under the current rules in England and Wales.
What must the affidavit include?
The affidavit must state the deponent's full former name, date of birth, address, and the new name to be adopted. It should confirm that the deponent has wholly abandoned the former name and intends to use the new name exclusively. The jurat (the formal attestation clause) must be completed by the oath-taker, recording the date and place where the oath was administered.
Can a parent change a child's name by affidavit?
For a minor, a person with parental responsibility must make the affidavit on the child's behalf. Where both parents have parental responsibility, both should ordinarily consent. If one parent objects, the changing parent must apply to the Family Court for a specific issue order under the Children Act 1989 before the name change can proceed.
What documents should be presented with the affidavit?
Typically required documents include the original deed poll or unenrolled deed poll, the original birth certificate (for enrolment), proof of identity, and (for minors) any court order granting permission for the name change. The Senior Courts Office publishes a checklist of required documents on the Courts and Tribunals Service website.
What are the consequences of a false statement in the affidavit?
Making a false statement in a sworn affidavit is the criminal offence of perjury under section 1 of the Perjury Act 1911, carrying a maximum sentence of seven years' imprisonment. Even in non-court contexts, knowingly making a false statutory declaration is an offence under the Statutory Declarations Act 1835 and common law.
Does changing your name affect legal documents like a passport or driving licence?
Yes. Once an enrolled deed poll or other evidence of name change is obtained, documents including a passport (HMPO), driving licence (DVLA), and electoral register entry must be updated separately. Each issuing body has its own process; the deed poll and birth certificate (or marriage certificate if relevant) are generally accepted as supporting evidence.
About the Court Affidavit For Change Of Name
A Court Affidavit For Change Of Name is a legal document you must file with your state court to petition for an official name change. This sworn statement serves as your formal testimony under oath, declaring your identity, reasons for the name change, and compliance with legal requirements. The affidavit is a critical component of the name change process that ensures transparency and prevents fraudulent name changes.
When do you need this document?
You need a Court Affidavit For Change Of Name whenever you want to legally change your name through the court system. This includes situations such as changing your name after marriage or divorce, transitioning to reflect your gender identity, adopting a preferred name you've used professionally, or simply choosing a new name for personal reasons. The document is also required when parents seek to change their minor child's name, though additional guardian consent may be needed. You'll typically file this affidavit as part of a broader name change petition that includes supporting documentation and court fees.
Key legal considerations
Your affidavit must include accurate personal information, including your current legal name, proposed new name, address, and date of birth. You must provide legitimate reasons for the name change and swear that you're not seeking the change for fraudulent purposes, to avoid debts, or to mislead creditors. The document requires you to disclose any criminal history, pending charges, bankruptcy filings, or outstanding child support obligations. False statements in your affidavit can result in perjury charges under federal law 18 U.S.C. § 1001, as court affidavits are considered federal documents. You must also declare your residency status and duration of residence in the filing jurisdiction, as most states require specific residency periods before allowing name change petitions.
Legal requirements in United States
Each state has unique requirements for name change affidavits, including specific forms, documentation, filing fees, and procedural rules. Most states require criminal background checks, and some mandate publication of your name change request in local newspapers for a specified period. You must typically provide proof of identity through government-issued identification such as a birth certificate, driver's license, or passport. After your name change is approved, you'll need to update your Social Security records with the Social Security Administration and obtain new identification documents. If you hold a U.S. passport, you must also comply with federal passport requirements for name changes. Some states require additional steps such as fingerprinting, court hearings, or guardian consent for minors. The court will review your affidavit along with other supporting documents before granting or denying your name change petition.
GOVERNING LAW
Applicable law
This Court Affidavit For Change Of Name is drafted to comply with England and Wales law. Key legislation includes:
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