By Andrew Sciberras Camilleri
Arguably nothing is as personal as one’s name. It is used to identify oneself and distinguishes one person from another, a fundamental part of oneself.
But what if someone wants to change their name? Under Maltese law this is not always straightforward, and the law provides for special procedures which must be followed in such an instance.
Firstly, it should be noted that in Malta it is not at all easy to alter one’s name. Our laws on the matter were written in the 1800s, before the institution of identification documents, and therefore one would be identified by their name, the place of their birth and residence, and the names of their parents, known in Maltese as the connotati. It was therefore crucial that names were not changed without good reason in order to avoid confusion.
Today however, with the proliferation of identity documents and identity numbers, this strict attitude towards names has been loosened. There are two separate procedures which can be adopted to change one’s name.
The first is outlined in Article 253 of the Civil Code, which requires a court case to be brought against the Director of the Public Registry, where it must be shown that the person has been consistently been called the name they request to take on. Typically this must be done through the use of witnesses in order to convince the court that in actual fact, the person is known by this new name. This is not necessarily an easy bar to reach and often the court does not accept such cases as it would not be convinced with the evidence produced.
The second procedure can be found in Article 257 of the Civil Code, which can be applied in two cases. Firstly, it can be used to correct a mistake in the registration, such as a spelling mistake or any other mistake in the particulars of the person in question. Secondly, this procedure may be used to take note of and recognise foreign name changes, such as those in the UK which are notoriously easy to achieve, known as the procedure by deed poll.
Under Article 257, the process is much quicker and often is decided in just a number of weeks. This is because instead of a full blown court case, one may simply file in the Court of Revision of Notarial Acts, which is speedier and often decides the case without the need for hearings.
Once the Court of Revision of Notarial Acts gives a decree authorising the change, the Director of the Public Registry will affect the change on the official acts of the applicant, therefore completing the procedure.
Sciberras Camilleri Law is equipped to handle such cases, and feel free to get in contact for legal advice on this matter.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information, it is not intended to be a substitute for professional legal counsel. Readers are encouraged to consult with a qualified advocate for advice regarding their specific legal issues. Sciberras Camilleri Law assumes no responsibility for any actions taken based on the information contained herein.