The procedure for changing a surname after a divorce to a maiden name

Any citizen over 18 years of age can freely change personal data - last name or first name. Changing a surname after a divorce is an accessible and simple procedure that can be carried out both along with a divorce and at any time after it.

Difficulties begin after changing your last name: you have to fill out all the documents again, do everything that was done immediately after marriage. Brides make the decision to change their last name to their husband's with ease and confidence, inspired by love and faith in the future. After starting a family, in a new status, they are forced to go to authorities for several weeks and notify them about the change of surname.

Therefore, when the question arises of whether to change the last name or leave the details of the ex-spouse, many are no longer so sure whether it is worth doing it again.

In what cases is a last name change required?

Not a single legislative act provides for situations in which, after a divorce, a woman would be obliged to return her maiden name. Even if the ex-husband categorically insists on this. A surname is not a thing, not an object of intellectual property, but only a part of personal data.

Legally, a common surname does not bind former spouses in any way; after a divorce, they become namesakes, and nothing more.

The only reason for change is moral beliefs and principles. If your ex-wife feels more comfortable returning her maiden name, she can do so. Considering the fact that it is more difficult for a minor child to change his last name after his parents’ divorce, many women leave their personal data intact. Different surnames for mother and child create many bureaucratic problems.

Important! When getting married, future spouses may decide to take the surname of the wife rather than the husband. Traditionally, a woman changes her data, but the law does not prohibit a man from doing so. Resentment towards relatives, an ugly surname and other reasons are a weighty argument for adopting your wife’s surname. Then, after the divorce, the question of returning the premarital surname will already be faced by the man.

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.

Pros and cons of the shift

Since the choice of surname remains with the citizen, the positive and negative aspects of the issue relate mainly to moral and ethical considerations.

By changing personal data after a divorce, a woman receives advantages:

1. energetic freedom, according to psychics;
2. psychological freedom and support from yourself on the path to a new life;
3. if she did not have time to change any documents to her husband’s last name, this is no longer required;
4. when a woman turns out to be the heir to her parents’ property, the notary will have no questions about her last name if she changed it to her maiden name.

Minuses:

1. bureaucratic red tape with the re-registration of all documents (over the course of family life, more of them can accumulate than in the days when a family was created. A woman could get married without a dowry at all, and get divorced with a pension certificate, an apartment, a car or a plot of land behind her);
2. the question arises of changing the child’s surname if he is under 18 years old, since there may be slight difficulties with entering into an inheritance (you will have to look for evidence why the child and mother have different surnames and collect additional papers);
3. you have to get used to a different surname again, this is especially difficult if the spouses have been married for a long time.

So, the main reason for change can be called resentment towards your ex-husband and the desire to break all ties with him. By the way, family members do not always disagree with each other’s claims. Often a woman refuses to change her last name as a sign of respect for her ex-spouse or simply because they remained good friends, and this is not necessary.

How to change your last name in the registry office: at the time of divorce

There are two options for this procedure:

1. directly during the divorce;
2. at any time after it, having already received a certificate of divorce.

Divorce in the registry office is carried out by filing an application jointly by both spouses. They write one paper for two, filling out the columns according to the model. One of the points is the surname that will be assigned to each of the spouses after the termination of family relations. At this point, the woman can indicate her maiden name.

Important! The law prohibits writing any other surname in this case. You can change your data simultaneously with the divorce only to premarital data (or maiden name, if the woman has already changed her last name several times).

After 30 days, the divorce procedure ends, and each of the former spouses can pick up their new document confirming their status free from family ties. It will indicate the last name that each of the participants in the process indicated in the corresponding column.

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:
  name and location of the addressee - a specific civil registry office;
• Full name of the applicant, her passport details, place of registration and actual residence;
• the fact of being divorced or married;
• presence of children under age;
• the surname that the applicant wants to receive.
• Along with the application, the following documents are submitted to the registry office:
  Passport or a document replacing it.
• Birth certificates of children who were born in marriage and were under the age of majority at the time of divorce.
• A document indicating what the woman's last name was before marriage.
• 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.

After the divorce is filed, the ex-husband and wife receive a divorce certificate , which indicates what surname each of them will have. If a woman filed an application after a divorce, she will be issued a certificate of change of surname.

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.

Changing a surname on a general basis

The divorce certificate has already been received, it contains the husband's last name, but the ex-wife suddenly realized that she did not like it, was not comfortable and did not want it. She can contact the registry office for a change at any time. By the way, using this algorithm, any citizen can change personal data.

1. Payment of state duty. To save time, it is better to start by going to the bank. The fee is mandatory for anyone wishing to change their last name. Its size for 2021 is 1000 rubles. This amount includes the change procedure itself and the execution of a special document confirming changes to personal data.
2. Preparation of documents. Changing your personal data will require you to have the originals of the following documents with you:

• passport;
• birth certificate of the person who is going to change his last name (as well as his first or patronymic name);
• acts of birth registration for the applicant’s minor children;
• confirmation of marital status (in this case, a divorce certificate);
• receipt for payment of state duty (printout if payment was made online).

1. Filling out the application. His form is usually issued at the registry office. Changes required:

• valid personal data;
• desired personal data;
• information about birth (date, place, number of supporting document);
• citizenship;
• family status and document number confirming it;
• personal data of children under 18 years of age;
• passport details of the applicant (including place of registration);
• reason for data change;
• list of attached documents;
• date of filling out the paper and signature of the applicant.

1. Wait for the decision of the registry office. The fact is that changing your last name or other personal data may be refused. However, usually, such problems do not arise when returning premarital data. Those who have chosen a non-existent or offensive first name, patronymic or last name may be refused. The waiting period is 30 days. A month after the registry office accepts the application, you can receive a document confirming the change of personal data.

Where can I change my passport if I change my last name?

The first and main document that will have to be changed if you decide to change your last name is your passport.

A passport change after a divorce is carried out by the Federal Migration Service on the basis of a divorce certificate - a document confirming the divorce and the change in the surname of the spouse (spouses) in the civil registration records.

To replace your passport you will need the following package of documents:

• Receipt for payment of state duty in the amount of 350 rubles (Article 333.33 of the Tax Code of the Russian Federation as of now) with the original receipt attached;
• Birth certificate;
• A certificate of divorce indicating a change of surname, or a certificate of a change of surname if it was changed by the civil registry office after the divorce;
• 2 photographs of the established sample, which must be clarified directly at the FMS department;
• Application, which when submitting documents and according to the established template.
• Additionally, you will need to provide a copy of the children's birth certificates, if available.

Please note that changing a passport due to a change of surname after a divorce is subject to the same rules as changing a passport after marriage. After the civil registry office has made a note in your passport about the divorce and change of surname, you must contact the Federal Migration Service for a replacement passport no later than within 1 month. Otherwise, you may be fined when contacting the Federal Migration Service for using an invalid passport.

The period for replacing a passport, according to administrative regulations, cannot exceed 10 days from the date of acceptance of the entire package of documents.

Who will have to change their last name in court?

Those who can apply for a judicial solution to the issue:

• files for divorce through the court - in the claim you can indicate a request to change your last name;
• who was denied a change of personal data by the Civil Registry Office;
• simultaneously with changing the child’s surname, if this issue had to go to court. It is usually more difficult for a child to change his last name: this requires the permission of both parents, as well as the guardianship authorities. They go to court when either the guardianship has refused permission, or you still have to turn to the judge to establish the child’s place of residence, the procedure for communicating with parents, etc.

The judicial method of resolving the issue somewhat delays the matter: you will have to wait up to three months from the moment the application is accepted: scheduling a court hearing, waiting for the court decision to enter into force, contacting the registry office to register a change of surname and waiting for the final document.

Is it possible to contact the MFC to change your last name?

Yes. Most multifunctional centers are authorized to accept and issue documents relating to the change of personal data. You can sign up through State Services and pay the fee there.

The papers that are required to change your name at the MFC are the same as for going to the registry office. An application is also written, then the MFC transfers the documents to the registry office. After the waiting time has expired, you can obtain a certificate of name change at the same MFC where the documents were submitted.

Sample application for change of surname

Below you can see a sample application for a change of surname, which must be submitted to the registry office.

Sample application for name change

Application for change of surname -.

Results of changing the surname and further actions

The document confirming the change is:

• divorce certificate, if personal data was changed immediately during the divorce process;
• certificate of name change.

The next mandatory step is to replace your passport.

A woman must contact the FMS after changing her last name due to divorce within 30 days from the date indicated in the document. This is a routine procedure that all citizens of the Russian Federation undergo upon reaching a certain age, as well as in connection with a change in data. The document received at the registry office is the basis for changing the passport in this case. Replacement periods are up to 14 days. Cost – 300 rubles.

After receiving a new document, a divorced woman must take care of changing the following documents in the first 30 days:

• SNILS - more precisely, you need to notify the authority about the change of name. If a woman has a pension certificate, replace it immediately;
• compulsory medical insurance policy.

If necessary or at any time (the law does not limit the timing), you need to replace:

• driver's license and car documents;
• international passport;
• bank cards;
• individual personal accounts for utility services (some services change this data automatically, others continue to send receipts to the previous name).

If questions arise about the discrepancy between the last name in the passport and these documents, you can additionally present paper confirming the change (certificate of divorce or change of name). This is not very convenient to do, so it would be better to take care of a replacement.

What documents do not need to be changed when changing your last name:

1. papers confirming ownership of real estate;
2. TIN (you just need to notify the tax authority about the change in data and obtain a new certificate of registration);
3. educational documents;
4. employment history.

These documents are rarely used and are always combined with paper confirming the change of name.

Documents that do not need to be changed

Previously, it was necessary to change SNILS, but now it is enough to simply report a change in personal data through your personal account on the government service website or in person to the Pension Fund of the Russian Federation.

A foreign passport does not require mandatory replacement.

The following documents do not need to be changed:

1. TIN (but you must obtain a new Tax Registration Certificate) and documents confirming your education.
2. Documents for property, etc. (valid upon presentation of a passport and a document confirming the fact of a change of surname).
3. Work book (an entry is made in it about the change of surname).