Changing your surname to your maiden name after a divorce through the court

Many of the women who decide to end their marriages feel the desire to return to their maiden name after divorce. The legislation of the Russian Federation, namely Article 32 of the Family Code of the Russian Federation, allows for this manipulation, but it is important to know some of the nuances of this procedure. When changing a surname, all regulations and legal acts must be strictly observed.

A citizen must understand that by changing his last name, he will not be released from the responsibilities that he assumed before changing it , and will also retain all his rights. Thus, this procedure will not change the person’s status. At the same time, with a new surname, you also need to think about the actions that will be taken.

For example, having changed his last name, a citizen is obliged to notify creditors about this. It is also necessary to replace all documents with the old surname, because... they become invalid from the moment it is changed.

How to return after divorce?

When filing a divorce, many women think about how to change their husband’s last name and whether it is possible to return to their maiden name some time after the divorce. In order to change personal data, a number of manipulations are required.

Before starting the procedure, you should pay attention to the basic rules for its implementation.

To return the maiden name, an application is submitted to the registry office. The procedure can be carried out both during the divorce process and after its completion (Article 36 of Federal Law No. 143).

After a while through the MFC

According to Article 36 of the RF IC, a spouse who has changed his surname when entering into a marriage relationship may request the assignment of a premarital surname at the time of registration of divorce. A person also has the full right to retain the marital surname received from a spouse. On the territory of Russia, a husband or wife has no legal grounds to prevent the implementation of such a decision.

A change of surname can be carried out later, after the completion of the divorce process, but the procedure will have to be carried out on the general basis for changing personal data (Article 58 of the RF IC). This procedure takes longer.

The algorithm for changing a surname to a maiden name through the MFC after a divorce includes several steps:

1. Collection of necessary documents , the list of which includes, in addition to the passport, the birth certificate of the citizen who wants to change personal data, and his minor children, as well as a divorce certificate.
2. Payment of the state duty , which is regulated by Article 333.26 of the Tax Code of the Russian Federation and amounts to 1,600 rubles.
3. Drawing up a corresponding application and submitting it to the MFC. The standard form indicates the applicant's full name, marital status, registered address and date of birth. The application also indicates the details of the children, if any, and the maiden name that needs to be returned. Having collected all the necessary documents, you need to submit them and the application to the MFC at your place of residence or birth. There, a registry office employee will help you draw up a standard application and formalize the return of your maiden name.

Important! Payment of the state fee must be made before submitting an application to change the surname.

By changing personal details after a divorce, a person becomes the owner of a certificate of name change. This paper is issued when any personal data (full name) is changed.

Important! When changing a surname during a divorce, such a certificate is not issued.

A document such as a Certificate of Change of Last Name is issued by the Civil Registry Office if the husband or wife loses the divorce certificate and there is a need to confirm the change in details, for example, in a financial institution (bank). You can obtain this certificate by contacting the registry office department where the surname was changed.

Change your last name after a divorce to your maiden name through government services

You must submit an application to change your personal data through the registry office in a personal form. The full process of changing a surname, as well as a first or patronymic through Internet portals is not yet available.

However, the State Services website helps to significantly speed up the procedure, because through it you can sign up for the electronic queue, as well as pay the state fee. The portal makes it possible to obtain detailed information about the process of carrying out the desired operation, find out the current cost of the state duty, the procedure for its payment, allows you to find out what documents are needed for registration, etc.

Before changing your details, it is recommended to register on the website (if your personal account has not yet been created), enter your data and confirm it. After registering, the user needs to go to the request “State registration of name change” and select a change of surname. A detailed description of the service and all necessary actions to receive it will appear on the screen.

Important! Carrying out actions to obtain services for changing a surname through State Services does not exempt a person from personally visiting the registry office.

By going to “Contacts” you can find the nearest civil registry office through which it is possible to carry out the intended operation, and the office’s opening hours will also be indicated on the website. Here an entry into the electronic queue is made, after which the citizen becomes aware of the day and time when he needs to appear at the registry office.

Important! Through State Services you can pay the state fee, which significantly speeds up and facilitates the process of changing personal data.

The “Grounds for Refusal” indicate the reasons according to which the Civil Registry Office may refuse to provide this service to a citizen.

After paying the fee, filling out the application and preparing the necessary documents (the same as those indicated above for submission to the MFC), the applicant makes a visit according to the prior appointment and provides all available papers.

A month later, department employees contact the applicant and specify the date and time of re-appearance to submit a certificate of restoration of the maiden name.

Complete with the certificate, a certificate is issued that allows you to change your passport.

Is it necessary to do this?

Changing a huge number of documents, both after marriage and taking the husband’s last name, and after divorce and restoring the maiden name, takes a lot of time and effort. That is why women often do not change their personal details after the end of the marriage relationship, but leave the surname of their ex-spouse.

The law does not prohibit women from keeping information about their ex-husbands. Whether or not to correct a surname after a divorce is the voluntary choice of every woman. The ex-husband does not have the right to influence the ex-wife’s decision to keep his last name or return to her maiden name.

There is only one way when a man can influence his ex-wife to not be able to bear his last name - by going to court to annul the marriage. If the judicial authority agrees to make this decision, the wife will have to forcibly return her maiden name.

Conclusion

Changing your surname to your maiden name after a divorce is quite simple , following all the necessary rules. Unfortunately, a full service offering via the Internet is currently impossible, however, it is still possible to simplify the task using the State Services portal. By following detailed instructions, it is easier to carry out a similar registration procedure without a lot of time and nerves.

Changing your surname after a divorce to your maiden name after a while, is it possible to keep your husband’s surname?

Family breakdown prompts some women to abandon their ex-husband's surname. This happens for various reasons and principles. It is important to realize: changing your surname to your maiden name after a divorce has its own characteristics and legal consequences.

Order

For many girls, marriage entails not only a change in marital status, but also a change in personal data. When a marriage is dissolved, a woman has the right to return to her maiden name after divorce.

The procedure for changing the personal data of any citizen of the Russian Federation is regulated at the legislative level. Article 36 of the Federal Law “On Acts of Civil Status” confirms: a citizen who took his spouse’s surname upon marriage, after separation, has the right to leave the acquired one unchanged or return the premarital one. Procedure for changing data:

1. During the registration of a divorce certificate at the registry office.
2. At any time after the termination of family relations, in general court order, in accordance with the provisions of the Family Code.

According to the legislation of the Russian Federation, the dissolution of family relationships is one of the reasons for changing a surname. The change retains the responsibility and obligations of the person. Some personal documents must be replaced.

Legislation

To understand how to change your surname after a divorce to your maiden name, you need to refer to the regulations:

• Federal Law No. 143-FZ “On Civil Status Acts”.
• Article 32 of the Family Code establishes the right of spouses to change personal data upon marriage and upon divorce.
• Article 19 of the Civil Code regulates the general provisions for changing a name and determines the consequences of the process.

After a divorce, a woman has the right to keep her husband's surname. The spouse cannot prohibit or limit this right.

The process begins when a family relationship is dissolved. On the certificate form, the registry office employees indicate the family information chosen by the woman.

After receiving the certificate, you must replace your identity card (passport) 30 days in advance. Otherwise, penalties will be applied.

Where to contact

Changing your surname to your maiden name takes place in several stages. A woman must visit the following government agencies:

Civil registry office at the place of registration or at the place of registration of the marriage:

• submitting a written application;

execution of a certificate of termination with registration of changes. MFC:

• application for a new passport.

The multifunctional center will accept the application and forward it to the Federal Migration Service. The applicant receives an identity card from the migration service.

Office of the Federal Migration Service for the applicant’s district:

You can change the data directly during the divorce process. An application for a change of surname should be attached to the list of documents required to obtain a certificate of termination of marriage.

The right remains after a change in marital status. The legislator does not determine the statute of limitations. If you leave your spouse’s details, you can change your mind, but you will have to return your surname on a general basis. The process will take longer and will cost more.

List of documents

At the time of registration of the divorce certificate, to replace the name data, a package of documents is submitted to the registry office:

• written statement;
• confirmation of payment of state duty;
• divorce decree;
• passport.

After the termination of the marriage, changes are also made through the registry office. List of documents:

• birth certificate;
• valid identification;
• divorce certificate;
• confirmation of payment of state duty;
• birth certificates of joint children.

Replacement of passport at the Federal Migration Service:

• certificate received from the registry office;
• certificate of divorce;
• old passport;
• 4 photographs 3x4;
• birth certificate of the child(ren).

Sample application for change of surname (form 15):

• 

State duty amount

Upon dissolution of marriage:

1. Divorce certificate – 650 rubles;
2. New passport at the Federal Migration Service - 300 rubles.

Cost of changing data on a general basis:

1. Certificate from the registry office – 1000 rubles;
2. Obtaining a passport – 300 rubles.

To save 30%, an application to replace a passport must be submitted on the State Services portal - the state fee at the Federal Migration Service will be 210 rubles.

When changes occur after the divorce has been filed, additional costs will be required to obtain new birth certificates for the children.

Deadlines

When registering the termination of family relationships:

• After checking the provided documents, within 40 minutes the civil registry office employees prepare a certificate of divorce. The document indicates new data.

By personal decision, according to the general rules:

• An application to change a surname is processed within 1 month. After making updates to the registers of the civil registry office, the applicant receives a certificate of name change.

Deadline for obtaining a passport:

1. Application processing on the State Services portal takes from 2 to 5 days.
2. Invitation to the Federal Migration Service with original documents.
3. Preparation of a new passport – 1.5 – 2 hours.

The decision to divorce does not affect the spouse's name details. The legislator gives the right to keep the acquired surname. Spousal permission is not required for this.

Many leave everything unchanged to avoid further red tape with documentation. Simultaneously with the issuance of the divorce certificate, the registry office employees put a mark on the divorce in the passport.

Changing your surname to your maiden name after a divorce becomes the basis for replacing the main documents:

• passport;
• medical insurance policy;
• driver's license;
• international passport;
• TIN;
• SNILS;
• pensioner's ID.

If the decision is made some time after the end of the marriage, adjustments will need to be made to the children's birth certificates. It is important to notify creditors, employers, and debtors about the new name. HR department employees record updated data in the work book.

Legal implications and complications

Changing family data does not cancel the rights and obligations acquired under the previous name. Having a child together can create some difficulties. For example, when entering an educational institution, a parent who has a different last name must attach a divorce certificate to the package of documents to confirm their relationship with the child.

When returning the maiden name in the general manner, the children's certificates must be replaced. Obtaining new documents requires additional payment. State duty is paid for each document.

Keeping your husband’s usual surname or returning it to your maiden name is a woman’s personal decision. Neither the law nor the ex-husband can force or deprive a woman of her right to choose.

In any case, every adult citizen of the Russian Federation has a free choice of first name, last name and patronymic.

How to change your husband's surname to his maiden name after a divorce

When getting married, a woman often changes her last name to that of her husband. Further, all documents are issued under the new surname. If the parties decided to dissolve the marriage or it was declared invalid, the spouse has the right to return the premarital surname. In this article we will look at how to change your husband’s last name after a divorce to his maiden name.

How to get your maiden name back after divorce

The decision to return the surname that was before marriage is made by the woman independently, guided by personal circumstances. This right is enshrined in Article 32 of the Family Code of the Russian Federation.

The ex-husband does not have the right to force either a change or that the ex-wife remain in his last name. The only exception is the recognition of a marriage union as invalid in court, since in this case the marriage registration record itself is annulled.

In such a situation, the forced return of the maiden name may be prescribed in a court decision.

Changing a surname after a divorce occurs as follows:

When dissolving a marriage administratively, the woman indicates her intention in the divorce application.

When divorcing in court, having a court decision in hand, you need to submit an application to the registry office.

Replacement is possible after divorce, even if the divorce certificate indicates that the woman is leaving her husband's surname.

An application for a change of surname must contain the following information:

1. name and location of the addressee - a specific civil registry office;
2. Full name of the applicant, her passport details, place of registration and actual residence;
3. the fact of being divorced or married;
4. presence of children under age;
5. the surname that the applicant wants to receive.

Along with the application, the following documents are submitted to the registry office:

1. Passport or a document replacing it.
2. Birth certificates of children who were born in marriage and were under the age of majority at the time of divorce.
3. A document indicating what the woman's last name was before marriage.
4. Receipt for payment of state duty. Its amount is 1,600 rubles, paid to the details of the specific registry office.

In a number of regions, an application can be submitted through the State Services portal. You will need to appear in person for your decision.

The registry office is obliged to prepare the document within thirty days. Refusal is possible only due to an incomplete package of documents or an incorrectly completed application.

The next step in returning your last name to your maiden name is to contact the passport office to issue a new passport. If the divorce certificate indicates that the woman is returning to her maiden name, the passport must also be changed within thirty days of the divorce.

Otherwise, a protocol on an administrative offense is drawn up at the passport office and a fine is issued. In addition, an expired passport may result in denial of service from government and financial institutions.

The following documents are submitted to the passport office:

• a completed form in the prescribed form;
• passport;
• photos;
• certificate of divorce;
• a receipt confirming payment of the state duty, which currently amounts to 300 rubles (Article 333 of the Tax Code of the Russian Federation).

You can receive a new passport two to four weeks after submitting your documents.

Consequences of returning to one's maiden name

When deciding to return to her maiden name, a woman must understand that she will be forced to change a number of documents. The following must be replaced:

• health insurance policy;
• pensioner's ID;
• international passport;
• driver's license (you can also use a license with your old last name);
• individual tax number.

However, a number of documents do not require replacement, including:

• educational documents (certificate, diploma, etc.);
• work book and employment contract;
• documents confirming ownership of movable and immovable property.

In this case, a new passport must be presented to the employer to make changes to the work book.

Changing your surname does not entail the loss of any rights and obligations. There is a legal requirement to notify all interested parties about the change of surname and passport data, first of all, this applies to creditors. Therefore, if you have any obligations to credit institutions, they must present a new passport.

Changing your surname to your maiden name after a divorce in the Russian Federation

Often women, after divorce, for one reason or another think about returning their premarital (maiden) name. It is possible to do this, but you should know a few nuances so that the execution of such a decision takes place without delays or refusals on the part of the civil registry office and the Federal Migration Service.

How to get your maiden name back after divorce

Choosing a surname is one of the personal non-property rights of a citizen of the Russian Federation. Domestic legislation provides everyone with the right to such a change in certain cases. According to Art. 32 of the Family Code of the Russian Federation, it is possible to change the surname if:

• marriage;
• adoption;
• according to a person's personal desire.

Most women take their spouse's surname when they get married, and many seek to return to their maiden name after a divorce.

Article 36 of the RF IC establishes that the spouse who changed his surname upon marriage, when registering a divorce , is assigned a premarital surname at his request.

You can also leave the old one, the marriage one. According to Russian law, the second spouse cannot influence your decision (to object or support).

You can change your last name later, but this will happen on the basis of Article 58 of the RF IC (on a common basis with other citizens changing their first and patronymic names) and will take significantly more time.

To quickly change your last name during a divorce, a woman needs to:

• In the case of an administrative divorce, indicate your desire when filling out the application;
• In case of divorce through the court, after receiving the decision, contact the registry office to register the fact of divorce with a similar statement.
• After receiving a divorce certificate, which will indicate the surname assigned after the divorce, the woman should replace her general passport in accordance with the Regulations of the Federal Migration Service of Russia; other documents can be left unchanged, or changed if desired.

It should be remembered that in accordance with paragraph 2 of Art. 19 of the Civil Code of the Russian Federation, a change of surname does not entail the cancellation or change of rights and obligations acquired before, that is, the woman will need to notify the employer, creditors (bank - if they took out a loan or mortgage), debtors, and other persons about the accomplished fact.

What documents are needed and where to submit them?

In any case, you must contact the Civil Registry Office. For this purpose, directly during a divorce, it is necessary:

• express your desire in a statement (in writing);
• present copies of documents required for divorce (passport, marriage certificate, court decision if necessary);
• pay the state fee for divorce.

In the divorce certificate received after the expiration of a month, the maiden name will be indicated, after which it is necessary to begin replacing the passport in order to avoid a fine under the Code of Administrative Offenses of the Russian Federation.

If the desire for change arose after a divorce, it will cost a little more and will last longer.

You must also contact the registry office department, where you can submit:

1. passport and birth certificate;
2. certificates of divorce and birth of children (if they are under 18 years old);
3. receipt for state duty.

The application for a change of surname (form No. 15) is written in your own hand, indicating the current and future surnames, the reason for the change (in this case, the return of the maiden name).

The application is reviewed within a month, after which the woman will be given the necessary document - a certificate of name change (on a strict reporting form, with a number and series). Such a certificate will serve as the basis for replacing your passport.

State duty for changing full name currently amounts to 1600 rubles.

In addition to the registry office, you can submit an application through the government services portal or a multifunctional center, but you will still have to contact the registry office to obtain certificates.

Replacement of passport after divorce: cost, fees, deadlines

Only those women who have returned their maiden name need to change their passport after a divorce.

In this case, a period of 1 month has been established for contacting the FMS department with documents for exchange. Otherwise, an administrative fine will be imposed for violating the passport regime (residence on an invalid document). The cost of replacing a citizen’s main document will be 300 rubles of state duty, plus the cost of photographs.

The list of documents for changing a passport is established by the Administrative Regulations of the FMS (FMS Order No. 391 of November 30, 2012). In case of replacement of a passport due to a change of surname, the corresponding certificate (about divorce or change of surname) should be attached to the standard package. The passport is issued within 10-14 calendar days.

Questions related to changing your last name

With a change of surname, a number of interrelated issues arise, including:

Should I replace other documents after a divorce or change of surname?

Apart from the passport, no mandatory replacement of documents is required.
However, if desired, you can change almost everything: from a diploma, certificates of ownership, TIN and pension certificate, to a medical policy. Documents received at the registry office at one time can be changed there, and for each change a state fee of 350 rubles is charged.

Changing your last name during divorce – is it necessary or not?

This is a purely personal decision - to change or not to change. It can be changed after any time, not just during a divorce. However, changing it during a divorce is easier than after a while.

How to return your maiden name while married?

Upon application to the Civil Registry Office (form 15), with payment of the state fee.
No consent from the spouse is required. The review period is 1 month; a refusal to change a surname (which happens very rarely) can be appealed in court.

Of course, many people do this because they don’t want to change numerous documents. The opinion of the ex-husband is not taken into account and is not required.

Whether or not to change a surname after a divorce is up to each woman to decide for herself. The change procedure is not complicated and you can resort to it even if the divorce took place a long time ago. However, since many people then change other documents, it is worth thinking about the advisability of returning the maiden name in advance, and not being guided only by emotions.

How to change your last name after a divorce - step-by-step instructions

Russian citizens have every right to change their last name to any other. As a rule, they use this right when concluding or divorcing a marriage. However, most people associate changing their last name during a divorce with significant time costs and additional hassle, since this procedure involves the need to re-register many documents.

It is the complexity and length of paperwork that often causes divorcing spouses to refuse to change their last name to the previous one, since it is much easier for them to leave the acquired last name unchanged.

According to the rules established by Russian regulations, each spouse who wishes to dissolve the marriage has the right to decide for himself what surname he will keep after the divorce, and no one, including the ex-spouse, in this case has the right to insist on changing (keeping) the surname. It is impossible to force the ex-spouse to change his surname to his premarital name even in court.

The right to preserve the surname of a former spouse during a divorce, as well as the right to change one’s real surname to the previous (premarital) one, according to the law, does not depend on any life circumstances or conditions and belongs to each of the divorced spouses.

It should be noted that it is much easier to return your maiden (premarital) name at the time of registration of divorce at the registry office.

In this case, the change of surname during divorce to a premarital name is immediately registered together with the registration of divorce. If the divorce has already been completed, the procedure for changing the surname will become much more complicated, and the interested person will have to carry out such a change on a general basis.

Instructions for changing your last name

If the surname change occurs after the divorce has been registered, you can follow the following step-by-step instructions.

Step 1. Preparing documentation.

Prepare the required list of documents:

• passport of a citizen of the Russian Federation;
• your birth certificate;
• certificate of registered divorce;
• all birth certificates of your children who are minors.

Step 2. Submitting an application to change your last name.

With the collected documents, contact the registry office at the place of residence or registration of your birth. Here you need to submit an appropriate application to change your last name by filling out the prescribed form.

The applicant must indicate the current full name, date of birth, registration details and marital status. If you have children, you must indicate their details in the application.

Next, the application form indicates the premarital or new chosen surname.

Step 3. Payment of duty.

Pay the state fee for registering a change in your last name and for replacing certificates that need to be changed. As a rule, you can get a payment receipt from the registry office, and some departments even have terminals for paying registration fees.

Step 4. Waiting for the decision of the civil registry office.

Civil registry office employees review the submitted application within a month and, having made a positive decision, carry out the appropriate registration and issue a certificate of change of surname.

In addition, a special stamp will be placed in your passport indicating the need to replace the document within a month. If you have received a refusal from the Civil Registry Office to change your last name, you can appeal the decision to the Civil Registry Office or in court.

However, as practice shows, the fact of divorce is enough for the registry office to make a positive decision to replace the surname with the previous one (premarital).

If the decision of the registry office is positive, registration of the change of surname must be made within a month. If you miss the specified deadline, the decision to change the surname is canceled, and the interested person can re-apply only after a year.

Step 5. Replacement of documents.

With a certificate confirming the change of surname, you need to contact the competent authorities and replace your passport and other documents that require mandatory replacement.

Change of documents when changing surname

One of the main consequences of changing a surname during a divorce, as already mentioned, is the obligation of the citizen who changed his surname to promptly replace his documents. First of all, you need to take care of the timely replacement of the main identification document of a Russian citizen - passport .

The main part of the documentation remains valid even after changing the surname, provided that a divorce certificate is provided. Thus, when changing the surname, there is no need to change a premarital work record book, education diplomas, certificates of completion of courses, registration certificates, title documentation for real estate and many other documents.

In addition to the passport, a citizen who changed his last name during a divorce is recommended to change his foreign passport, pension certificate, driver’s license, TIN certificate and medical insurance policy.

To replace a passport , an interested person who changed his last name during a divorce must contact the passport office and write a corresponding application. As a rule, a new passport with a changed surname can be obtained within three to four weeks after submitting the required documents.

It is very important to take into account the legal requirements regarding the timely replacement of your passport when your surname changes. Failure to promptly replace your passport will result in a fine being issued.

Replacement of a foreign passport is not legally limited by certain periods, but it is not recommended to use this passport after a month after registering a change of surname. Therefore, it is better, in order to avoid any problems, to start replacing it immediately after receiving a new Russian passport. Replacement of a foreign passport takes place at the territorial office of OVIR.

A replacement driver's license is not required when changing your last name. However, in order to avoid long explanations with traffic police officers, it is recommended to change your driver’s license immediately after receiving your new passport.

To do this, you will need to pay fees, bring an old driver's license, a passport replaced after a last name change, a certificate of last name change, a driver's card and a certificate from a medical institution (a medical certificate even with an old last name will do, if the validity of the certificate provided has not yet expired).

The medical insurance policy is changed by the owner in the insurance organization that issued the policy or in a medical institution.

A change of surname when replacing a medical certificate is confirmed by the corresponding registration certificate and a new passport.

There are no requirements for the timing of replacing a medical policy when changing your last name, so here you can decide for yourself when it needs to be changed.

The pension certificate can be replaced at the place of work of the person who changed his last name during divorce, or at a branch of the Russian Pension Fund.

The TIN certificate is changed by the interested party independently. To do this, he needs to contact the territorial tax service and fill out an application there. To replace the specified certificate, you need to have a previous TIN certificate with your previous surname, a new Russian passport and a copy of the registration certificate about changing the surname.

Changing a surname after a divorce: to a maiden name, for a child, documents for changing a surname after a divorce, sample

Changing a surname after a divorce is only possible for spouses who have officially ended their family relationship. Women usually enjoy this right. However, there is no prohibition on such actions for men, provided that at the time of marriage, the wife’s surname was chosen as the common surname for the family.

Current legislation, namely Articles 19 of the Civil Code and 58 of the Federal Law regulating the procedure for registering acts of civil status, allows you to change your last name after marriage. There are two possible ways to do this:

1. The change of surname occurs simultaneously with the process of divorce. To do this, the spouse who wishes to return to his last name, which he had before marriage, indicates this in the application for divorce submitted to the registry office. An application to the registry office is possible either by mutual decision of the spouses, if they do not have minor children, or on the basis of a court verdict on divorce, which has entered into legal force.
2. Change of surname at any time after the official divorce has been recorded in the registry office.

Sequence of the procedure for changing a surname

When using the second method, the procedure for changing a surname will be fraught with some difficulties, since certain actions will be required:

You must first prepare the necessary documents to change your last name after a divorce:

1. a national passport confirming Russian citizenship, issued in the name that remained after the official dissolution of the marriage;
2. birth certificate with premarital surname;
3. certificate of divorce, which already contains the surname after the divorce;
4. children's birth certificates;
5. a bank receipt for payment of the state duty, the amount of which is established by paragraph 4 of Article 333.26 of the Tax Code at the level of 1,600 rubles.

Contact the territorial registry office, where you fill out the appropriate application to change your last name. It should reflect such data as:

1. last name, first name, patronymic, date, month, year and place of birth, state registration address of permanent residence;
2. the reason that caused the change of surname;
3. presence of dependent minor children;
4. what should the new surname be?
5. day, month, year of drawing up the application, signature, surname and initials of the applicant.

You should know that submitting an application to change your last name is possible either by directly contacting the registry office or using the online service of the State Services portal. This requires pre-registration on the website.

After submitting documents electronically, the applicant will receive an email notification of the date and time when he should appear at the registry office to receive a document confirming the fact of the change in surname.

No later than one month later, you must visit the registry office and receive one of two possible options for the decision made:

1. satisfy the application for a change of surname;
2. refuse to change the surname to the previous one, which was before marriage or another.

As practice shows, if all documents are completed correctly, in the vast majority of cases a positive decision is made. If there is a refusal, then such a conclusion is also not final. It can be appealed in court. The court's verdict will now be final.

After the certificate of change of surname is issued, you should begin replacing the documents.

Thus, if you follow this procedure, then there will be no problems with changing your last name to your maiden name after a divorce.

Consequences of changing a surname

Returning to the previous spelling of the surname, which was before the marriage, entails a number of difficulties, since it becomes necessary to bring other documents into line with the changes that have occurred. So, in addition to the national passport, a number of other necessary official papers will also need to be replaced. It should be noted that some of them do not need to be changed.

The following are subject to mandatory replacement:

1. Identification of a citizen outside his country. These include foreign, diplomatic, and sailor's passports. It is recommended to replace them within a month after the last name was changed.
2. Granting the right to drive various self-propelled vehicles. These include both a driver’s license, which gives the right to drive a car, and a document, which gives the right to drive small and river vessels.
3. Pension certificate. It is presented when using various government benefits. The use of an old document requires constant confirmation of the fact of a change of surname. This, in turn, will create inconvenience not only for the user himself, but also for government agencies.
4. SNILS and TIN documents. The numbers themselves cannot be changed. Only the surname of the owner of the issued document changes.

Mandatory replacement is not required for documents such as:

• certificates and diplomas of the appropriate level of education;
• certificates and certificates of completion of various training courses for advanced training, training at various seminars;
• certificates confirming ownership of movable and immovable property;
• a number of other documents not used in everyday life.

Changing a surname for children

In order to change the surname of children, it is necessary to go through a more complex procedure, which involves a special state body for guardianship and trusteeship. In addition, the procedure is also affected by the return of the child himself.

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Step by step, the actions of a parent who wants to change the surname of his child after the marriage has been dissolved are as follows:

Submit an application to the guardianship and trusteeship authority in order to obtain a positive conclusion from this government body. The appeal must be from both parents. In addition, if the child has reached the age of ten, his consent should be obtained.

Submit an application to the registry office to receive new documents in the name of the child, already with a changed surname. To do this, you must additionally submit:

1. passport of the parent who initiates this issue;
2. a written opinion issued by the guardianship and trusteeship authority on the possibility of changing the child’s surname;
3. the original registry office certificate of the birth of the child, which indicates the surname to be replaced;
4. certificate of divorce, with the assignment of surnames to spouses after the termination of family relations;
5. written consent of the second spouse to change the child’s surname;
6. bank receipt for payment of 1600 rubles of state duty.

Receive a new document on the birth of the child, indicating the new surname. In some cases, the registry office may refuse to change the surname, then this issue will need to be resolved in court.

Under certain circumstances, it is possible to make changes to the child’s surname without the consent of the other parent. A positive conclusion from the authority responsible for guardianship and trusteeship can be obtained if the second parent:

1. deprived of parental rights by court decision;
2. maliciously evades payment of child support;
3. does not take part in raising children;
4. behaves unworthily in society;
5. has been declared legally incompetent by a court of law;
6. listed as missing;
7. his whereabouts cannot be determined.

Some nuances

Having decided to return your last name, which was before marriage, or change it to another, more consonant one, you should know some of the features that are associated with this procedure:

1. According to the requirements of Russian legislation, all citizens of the country fulfill the rights and obligations granted to them by the state, only under their own name. Art. 19 of the Civil Code allows anyone to change their last name, first name and patronymic individually. Or change completely all the specified data.
2. A change of surname does not entail the termination of previously assumed obligations to the employer, creditor or other legal entities and individuals.
3. Returning to a premarital surname obliges such a citizen, usually a woman, to change his passport within one month. Otherwise, the violator of the law will face an administrative fine for living on an invalid document. And this, based on the sanctions contained in Article 19.15 of the Administrative Code, is a penalty in the form of a fine from 2000 to 3000 rubles. For residents of capital cities such as Moscow and St. Petersburg - from 3,000 to 5,000 rubles.
4. The law does not set any time limits for replacing a foreign passport. Therefore, its replacement will only be required if you plan to travel outside the country.
5. You can change your surname without divorce. For this purpose, there is a general procedure that any citizen who decides to make changes to his last name, first name or patronymic goes through.

Changing the surname by one of the spouses who decided to take such a step after the divorce is not very difficult. It is enough to know the procedure established by law, where, to which authorities to apply, and what documents should be provided. If necessary, you can use the help of a professional lawyer.

Change of surname after divorce (replacement) 2023 - to maiden name, child name, replacement of passport, documents

After the divorce process, many women who took their husband’s last name during the formalization of the relationship want to return their previous personal data.

• Current legislation allows the manipulation to be performed, but its implementation is associated with a number of nuances.
• A change of surname after a divorce must be carried out in strict accordance with the provisions of current regulations.
• Analysis of current information will help you find out in advance all the features of the procedure.

General information

Changing your last name does not change a person's status. Having completed the action, the person will continue to be responsible for the obligations that were assumed before the personal data was adjusted, and will not lose any existing rights.

By changing his last name, a citizen takes responsibility for the actions that he performs under the new personal data.

Current legislation obliges a citizen who has adjusted personal data to report this to creditors. In addition, all documents in which the previous surname appears become invalid. They will all need to be replaced.

Changes are made based on the updated passport.

Legislation

In 2023, issues related to changes in personal data will be regulated by the Civil and Family Codes.

According to Article 32 of the RF IC, every person has the right to change his surname.

The grounds for manipulation may include:

• marriage;
• personal desire of a person;
• the desire of the guardian if the citizen is incapacitated;
• adoption or adoption.

Having dissolved a marriage, a person also gains the right to change his surname.

A woman has the opportunity to leave the surname of her ex-husband or return her original personal data. The husband cannot influence this decision.

Changing your last name after divorce

When getting divorced, most women decide to return to their maiden name. To carry out the manipulation you will need to perform a number of actions.

To know all the features of their implementation, before carrying out the action you need to familiarize yourself with the main points of the process.

For a girl's day

According to Article 36 of Federal Law No. 143, the return of a surname after a divorce is allowed. To complete the action, you will need to submit an application to the registry office.

Manipulation can be carried out during a divorce.

If during the period of divorce the woman did not express a desire to return to her maiden name, she can take action later.

Procedure

If a surname is changed to a maiden name after a divorce, a person will have to perform a number of actions. Today there is a clear scheme that must be followed.

The girl will have to perform the following manipulations:

1. Prepare the necessary documentation.
2. Submit an application to change your last name.
3. Pay the state fee.
4. Wait for the decision of the registry office.
5. Replace documentation.

The procedure is not very fast. If a person wants to return to their previous last name after a divorce, they must prepare to wait.

Where to contact?

Personal data can be changed at the registry office. If a girl wants to return her maiden name, she must contact the branch of the government agency located at her place of residence or registration.

The procedure for considering the request begins after submitting the application. It must be compiled in advance.

List of documents

To chop up personal data, a person will need to prepare a package of documentation.

In order for the registry office staff to agree to consider an application for a change of surname after a divorce, in addition to it you will need to attach:

• passport of a citizen of the Russian Federation;
• birth certificate;
• document confirming divorce;
• a receipt confirming payment of the state duty.

If a person has minor children, their birth certificates will need to be attached to the documentation package.

Based on the papers, the registry office staff will consider the request and make a decision. If it is positive, the data will be replaced.

As confirmation, the citizen is issued a document confirming the change of surname after a divorce - a corresponding certificate.

Statement

In order for a government agency to agree to consider a request to change your last name, you must submit a corresponding application. It must be filled out in the prescribed form.

To obtain the form, you need to contact the registry office. You can preview the form at the information stand of the government agency.

The application must contain the following information:

• passport details of the person wishing to change his last name;
• place of registration;
• mention that the marriage has been dissolved;
• presence of minor children;
• data of minor children, if available;
• the surname to which the person wishes to change the current details.

It should be remembered that the application is drawn up to a specific registry office. The application must indicate his address. The document is signed by the applicant. The paper must contain the date of its preparation.

State duty amount

According to established rules, changing a surname is classified as a public service. For this reason, a state fee is charged for data correction. Without entering it, you will not be able to change your last name.

Funds are deposited according to special details of the registry office. You can obtain them by contacting the branch of the organization where the procedure will be performed. The information will be posted on the information stand or electronic portal of the institution.

The amount of the state duty is regulated by Article 333.26 of the Tax Code of the Russian Federation. According to the provisions of the regulatory legal act, you will have to pay 1,600 rubles to change your last name.

What else needs to be changed?

According to the established rules, not all documents must be replaced after a last name change. You will have to replace:

Other documents do not need to be replaced. For example, the data in the pond book is edited, but the document itself is not reissued.

Is it possible to leave my husband's information?

Not all women are ready to carry out a global replacement of documentation, which is necessarily necessitated by the adjustment of personal data. For this reason, some representatives of the fair sex decide to leave the surname of their ex-husband.

Current legislation does not prohibit performing such an action. According to the rules, data correction is carried out in accordance with the person’s wishes.

This means that a woman has the right to keep her husband's surname after a divorce. The opinion of the former spouse is not taken into account. He cannot influence his wife’s decision and force her to change her data.

If the government agency agrees to comply with the request, the wife will be forced to return her maiden name. In this case, it will not be possible to leave your husband’s details.