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What is an Affidavit of Name Change in Ontario ?

An Affidavit of Name Change in Ontario is a legal document used to officially change one's name governed by the Change of Name Act. More specifically, it's a written statement that is signed under oath or affirmation, typically in the presence of a notary public, lawyer or licensed paralegal, declaring that the individual is changing their name from their current name to a new name. It's typically used when you've formally changed your name and need additional verification of your name change or if you've been recently married or divorced. The Affidavit includes details about the individual's current name, the new name they wish to adopt, and the reason for the name change. It may also include the individual's address, occupation, and other personal details.

Once the Affidavit has been signed and notarized, the individual can use it to change their name on various legal documents, such as their driver's license, passport, and other identification. However, it's important to note that there are specific requirements and procedures that must be followed and that the Affidavit of Name Change itself does not automatically change a person's name on all legal documents - separate applications or documents may be required in addition to update certain individual documents.

FAQs

Got a question about an Affidavit of Name Change? We’re here to help.

Q: What is the difference between an Affidavit of Name Change vs. One and the Same Person Affidavit?

A: An Affidavit of Name Change and a One and the Same Affidavit are both legal documents used to verify a person's identity and confirm their name. However, there are some differences between these two documents:

Affidavit of Name Change: As mentioned earlier, this document is used when an individual wants to legally change their name from their current name to a new name. The Affidavit of Name Change requires the individual to provide specific information about their current name, the new name they wish to adopt, and the reason for the name change. This document is typically used when an individual wants to change their name for personal or professional reasons.

One and the Same Affidavit: This document is used when an individual has been known by different names but is, in fact, the same person. It is a legal document that allows the individual to establish a connection between their different names and confirm that they are the same person. For example, if an individual has been known by a maiden name, a married name, and a nickname, they can use a One and the Same Affidavit to establish that all of these names refer to the same individual.

In summary, the main difference between an Affidavit of Name Change and a One and the Same Affidavit is that the former is used to legally change a name, while the latter is used to establish that different names refer to the same person.
Q: What is the difference between an Affidavit vs. Statutory Declaration of Name Change?

A: In Ontario, both an Affidavit of Name Change and a Statutory Declaration of Name Change can be used to legally change one's name. However, there are some differences between these two types of documents:

Legal Basis: An Affidavit of Name Change is a legal document that is governed by the Change of Name Act, while a Statutory Declaration of Name Change is governed by the Ontario Statutory Declarations Act.

Format: An Affidavit of Name Change is a written statement that is signed under oath or affirmation, typically in the presence of a notary public, lawyer or licensed paralegal. A Statutory Declaration of Name Change, on the other hand, is a written statement that is signed and witnessed by a commissioner of oaths or a notary public.

Signatory: In an Affidavit of Name Change, the person making the statement (i.e. the person changing their name) is known as the deponent and signs the document under oath. In a Statutory Declaration of Name Change, the person making the statement is known as the declarant and signs the document before a commissioner of oaths or a notary public.

Use: Both documents can be used to legally change one's name, but some organizations may prefer one over the other. For example, some government agencies may require a Statutory Declaration of Name Change, while others may require an Affidavit of Name Change.

In summary, both an Affidavit of Name Change and a Statutory Declaration of Name Change can be used to legally change one's name in Ontario, but they differ in their legal basis, format, signatory, and use. It's important to check with the organization or agency requiring the name change document to determine which type of document they require.