Ideally, a change of name is a happy, mutual decision. But we often receive enquiries from people who want to take the initiative for someone else. Perhaps you want to surprise your new fiancé with a Deed Poll, or perhaps you are a frustrated ex-husband wanting your former partner to drop your surname.
The question is: Can you legally change someone else's name in the UK?
The short answer is no. In the UK, an adult’s name is considered their own legal property. You cannot alter it without their explicit, written consent. Here is a breakdown of the legal boundaries you need to know.
The Golden Rule: Consent is King
Under UK law, any person over the age of 16 has the sole right to choose their own name. To change it via Deed Poll, the individual must:
- Possess the mental capacity to understand what they are doing.
- Sign the document themselves.
- Have their signature witnessed by an independent third party.
You cannot sign on behalf of another capable adult. If you were to forge their signature or coerce them into signing, the Deed Poll would be invalid and you could face criminal charges for fraud.
Scenario 1: The "Surprise" Gift
We often hear from romantics who want to gift a Deed Poll to a partner who has been talking about changing their name (for example, double-barrelling) but hasn't got around to it.
Can you do this? Yes, but with a catch.
You can pay for the service and order the paperwork for them. However, you cannot present them with a "finished" legal document. You are essentially buying them the unexecuted paperwork.
- You can fill in their details on the application form.
- We can post the Deed Poll to your address.
- BUT: Your partner must be the one to actually take the pen, sign it, and have it witnessed. Until they do that, it is just a piece of fancy paper. If they refuse to sign it, the name change never happens.
Scenario 2: Forcing a Spouse to Take Your Name
Tradition dictates that a wife takes her husband's name, but the law does not. Whether you are getting married or are already married, you cannot legally compel your spouse to adopt your surname.
Even if you are double-barrelling the family name for the sake of your children, your partner must agree to the change. If they prefer to keep their maiden name or bachelor name, there is no legal avenue to force them to switch.
Scenario 3: The Divorce (Reclaiming Your Name)
This is a very common source of friction. After a messy divorce, many people (often husbands) feel strongly that their ex-partner should stop using their surname. They view the name as "theirs" and want it back.
Can you force an ex to drop your surname? No.
Once a person has legally assumed a name (e.g., via marriage), it becomes their legal name. They have the right to keep using it for as long as they like—even after the marriage ends. You cannot obtain a court order to force an ex-wife or ex-husband to revert to their birth name, regardless of how the marriage ended.
The only exception is if they are using the name for fraudulent purposes (i.e., pretending you are still married for financial gain), but simply keeping the name for convenience or to match the children's names is perfectly legal.
Summary
While you can facilitate the process by paying for a Deed Poll or filling out the forms, the final act of changing a name must be voluntary. A name change is a personal declaration of identity, and in the eyes of the law, that choice belongs solely to the individual.
If your partner is ready to change their name and just needs a nudge, we can help prepare the paperwork.
Ready to apply (with permission)? Contact our team today to get started.
