How to Notarise a Name Change Deed in Australia

To notarise a name change deed, you sign the unsigned deed, or a sworn declaration of change of name, in front of a notary, who checks your identity in both names and witnesses it. First confirm which document the foreign authority wants. An Australian registry change of name certificate needs no notary and can usually go to DFAT directly.

Key takeaways

• Three different documents get called a "name change deed". Ask the receiving authority to name the one it wants, or send its template.
• In Australia, a formal change of name is usually registered with a state or territory registry, which issues a certificate.
• A deed poll or a sworn declaration is where the notary's work is: you sign it in front of the notary.
• The notary witnesses the signing. The notary does not make the change legally effective.
• If you changed your name by marriage, the marriage certificate is often all the link a foreign authority needs.

Who asks for a notarised name change deed?

These requests usually come from people living in Australia whose name has changed and who deal with another country. They may hold another country's passport, or have property, bank accounts, pensions or family records abroad. The foreign authority wants evidence of the change that it can rely on, and has asked for something notarised.

The first job is to work out which document it actually wants. There are three quite different ones, and only two of them involve a notary.

Which three documents get called a "name change deed"?

1. An Australian change of name certificate. In Australia, a formal change of name is usually made by registering it with the registry of births, deaths and marriages in your state or territory. The registry then issues a certificate. Who can register, and where, depends on where you were born and where you live, and the rules differ between states. Check with the registry.

2. A deed of change of name, or deed poll. This is a document you sign, declaring that you have abandoned your former name and adopted a new one. Deed polls are the standard mechanism in some countries, notably the United Kingdom. Most Australian agencies generally rely on the registry certificate instead. So a deed is usually prepared because a foreign authority asked for one.

3. A sworn declaration or affidavit of change of name. This is a statement on oath or affirmation that you are one and the same person known by both names. It is often on a template the foreign authority supplies.

If you are not sure which you have been asked for, ask the authority to name it, or send you its template. Getting this wrong is the most common reason these documents come back.

Changed your name by marriage?

You probably do not need any of these. In Australia, many people use a married name by showing their marriage certificate. Many foreign authorities accept the marriage certificate as the link too. A registry marriage certificate can usually go to DFAT directly for an apostille. Our page on notarising a marriage certificate covers that route.

Some foreign passport offices want more, such as the change recorded in their own civil register first. Ask the passport office before you prepare anything extra.

What does the notary do with a registry certificate?

A change of name certificate is issued by the registry. A notary cannot notarise the change itself. The notary can certify a true copy of the original certificate, after sighting it.

In many cases you do not need the notary at all. DFAT can usually authenticate the original registry certificate directly. Confirm on DFAT's page of documents it can legalise before relying on that. Laminated certificates are refused, so order a fresh one if yours is laminated.

How is a deed or declaration notarised?

1. Get the authority's template, or its written description of what the deed must say.
2. Complete it, but do not sign it. The notary must see you sign.
3. Gather identification in both names, such as a passport in one and a certificate or licence in the other.
4. Ask about extra witnesses, if the template calls for them, before the appointment.
5. Sign before the notary, who witnesses your signature or administers the oath or affirmation.
6. Send it to DFAT for an apostille or authentication, if the authority asks.

At the appointment, the notary checks your identity, usually from a passport. The notary often wants to see documents in both names, so the link is evident. The notary confirms you understand what you are signing and are signing freely. The notary then attaches a notarial certificate and records the act in the register. See legal declarations.

What does the notary not do?

The notary witnesses the execution. The notary does not make the change of name effective. The notary does not confirm that a deed will be recognised under Australian or foreign law. The notary does not confirm that what the declaration says is true; the notary confirms that you swore or affirmed it.

Execution formalities for a deed differ between legal systems. Some countries expect a deed to be witnessed in a particular way, or sealed. That is another reason to use the receiving authority's own template rather than a generic deed from the internet. See what a notarial certificate proves.

When should you see a solicitor?

Talk to a solicitor before signing if:

• the change of name is meant to have legal effect in Australia, rather than only supporting a foreign record;
• it concerns a child, where consent from both parents, parenting orders and state registry rules all come into play;
• you are unsure whether you are eligible to register a change with an Australian registry.

A deed poll signed for a foreign authority does not, by itself, change your name on Australian records. Australian agencies generally want the registry certificate.

How many copies will you need?

Keep the signed original safe. Several authorities may each want one: a foreign passport office, a bank, a pension fund, a land registry. Each normally wants its own notarised copy, not a photocopy of yours. Ask each for its requirements and have all the copies certified at one appointment. See getting multiple certified copies.

If several authorities in the same country each want an original signed deed, you can sign several counterparts at the same sitting. Ask the notary in advance.

Does it need an apostille or legalisation?

A deed or declaration signed before an Australian notary is an Australian document going overseas. So it usually needs DFAT's certificate. Only DFAT issues apostilles; a notary cannot.

• If the destination is a party to the Hague Apostille Convention, DFAT issues an apostille. Membership changes, so check the HCCH status table on the day.
• If it is not, DFAT authenticates the document. It then goes to that country's embassy or consulate in Australia for legalisation.

Some countries go further. They expect the change to be published locally, or recorded in their own civil register, before a passport or record is updated. That step happens there, not in Australia. Ask whether it applies before relying on the notarised document alone. See apostille and authentication.

Does the deed need translating?

A deed or declaration in English may need translating for a country that works in another language. The receiving authority decides whose translation it accepts. Some want their own sworn translators. Others accept a NAATI-certified translation made in Australia. A bilingual template, if the authority has one, avoids the separate step. If the apostille must be translated too, translate after DFAT.

Which document suits which purpose?

Purpose	Usually wanted	Notary?
Australian records	Registry change of name certificate	No
Foreign passport in a married name	Marriage certificate, often apostilled	Usually not
United Kingdom purposes	A deed poll, often on a set form	Often, if asked
Foreign bank or pension	A sworn declaration on its template	Yes
Foreign land registry	Deed or declaration, per local law	Yes, then DFAT

What drives the cost?

Notarial fees are not set by statute, and they vary between practitioners. The main drivers are how many documents you sign, how many certified copies you need, and whether extra witnesses must attend. The registry's fees for registering a change and issuing a certificate are separate. So are DFAT's fee per document and any embassy legalisation fee. Check each directly. Using the registry certificate, where the authority accepts it, can remove the notary's part altogether.

Can a Justice of the Peace witness a deed poll?

For use overseas, generally not. A JP is a volunteer witness for Australian purposes. A JP is not recognised abroad, and DFAT cannot apostille a JP-witnessed document. Some foreign authorities set their own witness rules; follow them exactly.

Here is an illustration, not a real case

A woman in Adelaide holds a Vietnamese passport in her birth name and uses an anglicised name in Australia. Her bank in Ho Chi Minh City sends a declaration template. She signs it before a notary, showing her Australian driver licence and her Vietnamese passport. Viet Nam's Hague status changed recently, so she checks the HCCH table before sending it to DFAT. See Vietnamese documents.

In short

Find out which of the three documents the receiving authority wants. A registry certificate usually goes to DFAT without a notary. A deed poll or sworn declaration is signed before a notary, with identification in both names. The notary witnesses; the authority decides whether the change takes effect on its records.

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Asked for a notarised name change deed? Send us the authority's template, and we will explain each step before you book.