Hello all, I live in the UK but I am planning to marry in the Phils. I changed my surname when i was eighteen, therefore all current documents are in my new name. However, my birth certificate is in my original name and I no longer have my deed poll showing my name change. I am concerned it will lead to confusion/complications. Any advice would be greatly appreciated Thanks,
Little bit of a poser that one uklove, its not an everyday occurrence that a chap changes his surname. If I was in your shoes I would certainly be trying to look at a way of getting a copy of your deed poll and have a local solicitor stamp the copy as genuine in the event you are required to produce it as part of your marriage in the Philippines documentation. The link below may be of use for applying for a replacement certificate, note there are quite a few companies offering replacement deed poll services, may be worth doing a little Googling. https://deedpolloffice.com/apply/replacement-deed-poll Let us know how you get on, and good luck
Thanks a bunch, i was a little worried as I know a replacement original deed poll document cannot be obtained. I will use the link you suggested, it will be interesting to see how much a solicitor will charge to sign it..or do I have an alternative? Thanks again, its a long journey...
I wouldn't worry. UK law allows you to change your name whenever you wish and a deed poll is a very simple document. Your birth certificate is not needed in your visa application - your passport is sufficient to prove your identity and status as a British national. If all your documents are in your current name, then that's your name. Don't stress about it. I have also checked whether you need your birth certificate for the affirmation in the British Embassy in Manila (if you intend to marry in the Phils). You do not. https://www.gov.uk/government/publications/marriage-in-the-Philippines So consequently, I just wouldn't bother with it. Disclose if your name has changed if you're asked on a form. But since you don't have to provide your birth certificate anywhere, then it doesn't really seem to be a big deal.
Thanks a lot Timmers. I ended up going with the people you suggested. They seemed to have a better understanding of my situation that many others. The documents arrived yesterday and they look good, on thick paper with a watermark too. I need to get them signed by a solicitor and all will be done. We've got our appointment booked at the embassy, four weeks on Monday. The wedding is costing a fortune even at Phil's prices hehe. I should have known better than to let her into my heart....only joking. I don't begrudge a penny. I hope you are OK, thanks again.
I too changed my name by Common Law (that is just by say as from certain date I was now AB .....). Thus I have never had any document to show that is what I did,. A Deed Poll is only a notice confirming that you say you have changed your Name. It carries no legal weight, and is not legal in that there is no Law to support any way of changing one's name. It is just that there is no law which says you cannot. However, some professional bodies insist members register the change in that way. I was a serving police office. All I needed to do was to tell the Authority my new name. Of course I also changed all my documents to my new name, with the exception of my Birth Cert which one cannot change. When I got married in Manila the British Consul had never heard of Common Law name change, i.e. just doing it. I think the problem arose because my divorce cert showed I was married in one name and divorced in another. I spoke to FCO and they sent the consul an email putting him straight. After that I think I was always seen by the deputy consul, a Filipino, who was very friendly and helpful.
Hi all, i obtained a retroactive deed poll and a statutory declaration from you like you provided timmers. All looked ok, however i have spoken to a local solictor with the intention to get it stamped or signed to make it more official and they want to see it as they are claiming there can be problems with these kind of documents. Could that be the case? I reckon they are just trying to frighten me into getting one of theirs...and line their pockets! Any help would be appreciated please.
UKlove: I do not understand what the problem is , as I and others have said here, one does not need any document to prove you have changed your name. However, as you say all your paperwork except your birth cert , are in your name. Please read the relevant post here.
When I got married in the Philippines last September I needed to show my original birth certificate to the local registrar.
I had to show my Birth Cert too, I believe everyone would have to but that only shows birth name not the name by which one is known. The primary proof of ID when outside UK is ones Passport: never their birth certificate ! A divorced English woman probably would have her passport in the name of her former husband, not that which is on her birth Cert. That would almost certainly not raise an eyebrow if she were to remarry in Phil. Changing one's name on marriage is no more or less legal in UK law than doing it by common law. I repeat what I said earlier, "When I got married in Manila the British Consul had never heard of Common Law name change, i.e. just doing it. I think the problem arose because my divorce cert showed I was married in one name and divorced in another. I spoke to FCO and they sent the consul an email putting him straight. " I also showed my Birth Cert.
Deed Poll is just one method by which one can registered the fact that they have changed their name. It is NOT the process by which it can be done. In over 30 years since I changed my first name and surname by Common Law I have never required a Deed Poll certificate to confirm that I did it. The only reason I believe one would need to do it is if your particular circumstances require it. My son is an accountant, his professional body did required a Deed Poll registration after he changed his name by Statutory Declaration I wonder if a woman, changing her name upon marriage, has ever been asked for a Deed Poll confirmation. Changing one’s name by marriage is no different in law from doing it any other way. It is not a legal requirement (at least in UK) and it is not supported by any law which says it even may be done. It is just common practice in some countries to do it.
The list of documents for the embassy does not have birth certificate on it but the local registrar may wish to see it. If you do elect to take a birth certificate then you should also take a change of name deed since the embassy checklist mentions that you should take one if your supporting documents show a different name, and it will assist you in dealing with the local officials. Name changes in the UK are permitted by you simply using a new name. Both a statutory declaration and a change of name deed - or 'deed poll' (so called because in the past legal documents had cut - 'polled' edges), are merely signed, witnessed statements that you are doing so. The deed has the advantage of optionally being registered with the court to form a public record, which a statutory declaration does not. It is not a legal requirement that a woman's name changes on marriage. She is allowed to change her name whenever she chooses, as above. However, since convention often means that women assume a married name,it has become accepted that a marriage certificate is acceptable proof of that, to bodies which require such proofs, such as banks and passport agencies. It is not accurate to say a deed has no legal weight. A deed carries greater weight and is less rebuttable than a mere statement signed by the party to the deed. Consequently, it carries similar weight to an affidavit (which is sworn to under oath) and will be accepted by banks and other official bodies. Whilst it is true that there is no legal requirement for you to possess a deed poll or statutory declaration to evidence your use of a new name, as pointed out, many organisations will require one of these for you to comply with their procedures. It is therefore sensible for you to have one. There is no obstacle to you having a deed poll created which states that you have, as of a certain date, been using a new name.
And to follow on, there was a posting earlier which was effectively an advert for a bogus deed poll company that I have reported. The posting has been removed. However it is worth mentioning this phenomenon. Any google search for 'deed poll' will likely bring up sites which claim to manage the process for you. These sites merely will send you a pro-forma deed (for a fee) to be executed yourself. These services are not good value for money since an equivalent deed to the one offered can be constructed yourself for free using a sample deed available from the UK governemt here: https://www.gov.uk/change-name-deed-poll You may alternatively use the official forms and enrol your form with the court for a fee. The 'service' offered by bogus 'deed poll' companies does not include that. You may find this article of interest since it deals with these bogus companies. https://www.theguardian.com/money/2013/jun/29/deed-poll-websites-avoid
I got a copy deed poll document and had it certified (not sure if that's the right term) by a solicitor. It was accepted at the embassy when we got our affidavit before we married. I am very glad I did. Some officialls in the Phils were very confused about my name change. My surname sounds like a first name...And my surname now is very similar to my fathers middle name. Just for into, it is usual in the Phils to use a parents surname as your middle name and for a woman to use her maiden name as her middle name. Its more fun in the Philippines
Ohh.. middle name... surname... deed poll... 'twas a challenge when I applied for my UK passport.. good luck on you challenge uklove!
