Name Affidavit Template for England and Wales
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What is a Name Affidavit?
A name affidavit is a sworn statement in which a person declares before an authorised officer that different names in their official records all refer to the same individual. Used in England and Wales to resolve discrepancies caused by marriage, cultural naming conventions, or clerical errors, it is governed by the Oaths Act 1978 and the Perjury Act 1911. It differs from a deed poll, which is the instrument for formally adopting a new name.
About the Name Affidavit
A Name Affidavit is a sworn legal document that allows you to formally declare under oath that you have been known by different names or variations of your name. Under United States law, this affidavit serves as crucial evidence to establish your identity when discrepancies exist in official documents or when you need to prove your legal name history.
When do you need this document?
You'll need a Name Affidavit when applying for immigration benefits and your documents show different name spellings or formats. This commonly occurs with marriage certificates, birth certificates, or educational credentials that don't match exactly. The document is also required for passport applications when your supporting documents contain name variations, property transactions where deed names don't match current identification, and banking or financial account openings where previous names appear on credit reports or employment records.
Key legal considerations
Your Name Affidavit must include specific legal elements to be valid. The document requires your complete legal information, including current full name, address, and identifying details. You must provide a comprehensive statement listing all names you've used, including maiden names, nicknames, or culturally different spellings. The affidavit must contain an attestation clause where you swear under penalty of perjury that all information is true and correct. Any false statements can result in federal perjury charges under Title 18 USC § 1621, making accuracy essential. You'll also need to consider whether supporting documentation like marriage certificates or court orders should accompany your affidavit.
Legal requirements in United States
Federal law provides two execution options for your Name Affidavit. You can have the document notarized according to your state's notarization laws, which typically requires appearing before a notary public with valid identification. Alternatively, you may use an unsworn declaration under 28 U.S.C. § 1746, which doesn't require notarization but must include specific penalty of perjury language. State requirements vary significantly regarding affidavit format, witness requirements, and notary procedures, so you must comply with your specific state's laws. For immigration purposes, USCIS may have additional requirements regarding acceptable formats and supporting evidence. Some states also have identity protection laws that affect how personal information must be handled in affidavits, particularly when the document will be filed in public records.
GOVERNING LAW
Applicable law
This Name Affidavit is drafted to comply with England and Wales law. Key legislation includes:
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