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How to change your last name after a divorce


Citizens of the Russian Federation have the right to change their surname. Typically, this rule is used when reaching the age of majority, as well as when entering into marriage or divorce.

And although the procedure for changing the surname itself is very simple, many are stopped by the need to reissue many documents issued to the previous surname. Therefore, some wives keep their husband's surname - in order to avoid troublesome and lengthy renewal of documents.

But how legal is it? Do I have to change my surname? And what is the procedure for changing and reissuing documents? You will learn about this in this article.

Do I need to change my last name after a divorce?

This is optional. According to Russian law, each of the spouses has the right to decide for himself what surname to wear after a divorce - to keep the current one or return the previous one. No one (neither the former spouse, nor the court or other state body) has the right to demand to change or keep the surname, no circumstances can become a reason for this.

Should you change your surname?

More often than not, women take decisive measures to regain their premarital surname because of resentment against their husband. Failed family life, divorce, broken relationships and the desire to get rid of everything that reminds of it. Including from the last name.

Even numerologists and psychics strongly advise getting rid of the spouse's surname after a divorce in order to get rid of energy ballast.

But when the emotional storm has subsided, the chain of bureaucratic procedures with the collection of documents and going through the authorities is just beginning. This article details how to do this. The question is, is it worth it?

Indeed, in addition to changing the surname, you will have to change your passport and other documents, as already mentioned above. In some situations, there is no need to rush, so the "bureaucratic pleasure" can stretch over years. You just need to be prepared for the fact that you will have to constantly have documents confirming the change of name with you. But in other situations, the renewal of all documents must be dealt with without delay.

Some women decide not to change their last name. Why? Firstly, all the same documents, secondly, a habit, and thirdly, respect for the ex-husband. Not all divorcing spouses become enemies who do not even want to remember each other's names and surnames. Fourth, children bearing the father's surname. After all, a woman who decides whether to keep or change her surname for herself is forced to solve an equally difficult question - to keep or change the names of her children?

Whether it is worth changing your surname is up to you to decide. But, in our opinion, the decision to change the last name should have more compelling reasons than the desire to annoy the ex-husband or "break with the past life."

Can I leave my husband's surname?

Question. I have been married for 11 years. During this time, many documents were drawn up - a diploma of education, a driver's license, a foreign passport and others were received. The divorce certificate states that I retain my husband's surname. I'm not against it. But I heard that after a divorce, you need to change her. Is it possible not to change the surname?

Answer. The law does not oblige you to return your maiden name upon divorce. You can keep it to yourself and save yourself the hassle and time-consuming reissuance of documents. Otherwise, after changing your surname, you will have to change your passport and other documents, including some of those listed by you.

You can do it at your own discretion.

Surname change procedure. Instructions

Have you decided to regain your maiden name after a divorce? Then you should familiarize yourself with the detailed instructions for the change procedure. In fact, this process is not as difficult as people think.

First of all, it should be said that it is possible to return the maiden name both during the divorce proceedings and after the divorce.

  • In the first case, in the application for divorce, it is necessary to indicate that after the divorce the surname will be changed to premarital. Then, simultaneously with the dissolution of the marriage, a change of surname is registered. In the divorce certificate, the maiden name will already be indicated, it remains only to apply to the passport office - to replace the passport and to other institutions - to replace the rest of the documents (this will be discussed below);
  • In the second case, if the divorce has already taken place, the change procedure will have to be carried out on a general basis.

So what does it take?

Step 1. Prepare a package of documents

To apply to the registry office with an application for a change of surname after a divorce, you must prepare a package of the following documents:

  • Passport;
  • Birth certificate;
  • Birth certificates of minor children;
  • Divorce certificate;
  • Receipt for payment of state duty.

Step 2. Apply for a change of surname

Having collected a package of necessary documents, you should contact the registry office. There you should submit an application for a change of surname, drawn up according to the established model - according to form No. 15. Let's dwell on this in more detail.

Sample application for change of surname

The application should include the following information:

  • The current surname, name and patronymic, as well as the surname that you want to change;
  • Date and place of birth, details of the birth registration act;
  • Citizenship, if desired - nationality;
  • Marital status, details of the deed of registration of marriage or divorce;
  • Information about minor children (full name, date and place of birth, details of the birth registration act);
  • Details of the identity document;
  • Place of registration;
  • The reason for changing the last name (for example, the desire to change the last name to a maiden name after a divorce);
  • List of documents;
  • Date;
  • Signature.

Step 3. Payment of the state fee

The amount of payment is 1,000 rubles. The state duty must be paid for changing the surname, as well as for registering all changes made to the Book of Record of Acts. The details for paying the state fee can be found at the registry office, and the payment can be made through the cashier, terminal of any bank or in an online service.

Step 4. Consideration of the application by the registry office

An application for a change of surname is considered by the registry office within one month. As practice shows, when it comes to changing the name after a divorce, the registry office takes a positive decision. If the decision is negative, it can be challenged in a higher instance - the management of the registry office or in court.

If the decision to change the surname is positive, a month after submitting the application, it is necessary to appear at the registry office to register the act of changing the surname and receive a certificate of surname change.

Step 5. Certificate of surname change

A certificate (or reference) on the change of surname is a document issued by the registry office. This document serves as the basis for replacing documents in which a new (or previous) name should be indicated instead of the current surname.

Simultaneously with the issuance of a certificate (reference) on the change of surname, a note is put in the passport about the need to replace the document.

The certificate of surname change looks like this:

Step 6. Replacing documents

No later than one month from the date of receipt of the certificate of surname change, it is necessary to change the passport of a citizen of the Russian Federation, and then - and other documents requiring replacement.

Based on the changes made to the registry office, the civil registry office prepares such documents as a birth, marriage or divorce certificate - with a changed surname. A state fee is charged for the execution of each document.

Can I change my last name after a few years?

The procedure for changing a surname after a few years is no different from the same procedure immediately after a divorce - that is, on a general basis. It doesn't matter how many years have passed since the divorce. Every citizen has the right to change his surname and first name at any time.

As well as immediately after the divorce, you must contact the registry office, providing documents: a completed application form of the established sample (form No. 15), passport, marriage and divorce certificates, birth certificates of children. The application is considered within a month, after which a corresponding certificate of name change is issued, on the basis of which the documents are replaced.

Change of documents when changing the surname

The main thing that a citizen is obliged to do after changing his surname is to replace documents in a timely manner. First of all, it is necessary to replace the passport, as well as other documents: foreign passport, pension certificate, driver's license, TIN assignment certificate, medical insurance policy.

Not all documents require replacement. If you have a document confirming the previous and current surname, you can not change diplomas of education and certificates of completion of training courses, work book, registration certificates of individual entrepreneurs, documents of title to property and others.

How to confirm a change of surname after marriage and divorce?

If after the divorce the surname was changed, this is confirmed by ...

  • Divorce certificate (if the new surname was indicated in the divorce application and changed during the divorce process) or
  • Certificate of name change (if the surname was changed after a divorce on a general basis).

There is also another situation. After the divorce, the woman decided to keep her husband's surname. But if earlier the confirmation of the change of the maiden name to the husband's surname was the Marriage Certificate (where both the maiden name and the husband's surname were indicated), now the woman has only the Divorce Certificate (where only the husband's surname is indicated) in her hands. When it becomes necessary to confirm the change of the maiden name to the husband's surname, you have to contact the registry office for a certificate of marriage and divorce. It contains all the information about the surname before marriage and after marriage. If the birth certificate is preserved, it can also serve as confirmation of the change of the maiden name in marriage.

Change of passport after divorce

Question: Do I need to change my passport?
Answer: This is the first thing that must be done after changing the name and obtaining the appropriate certificate! The new passport will be the basis for changing the rest of the documents.

Where and how to change the passport when changing the surname? For replacement, you need to contact the passport office at your place of residence. You can act through the migration department under the Ministry of Internal Affairs.

Documents for changing passports

Contrary to popular belief, changing a passport does not require the collection of numerous documents or a long walk through the authorities.

You just need to visit the passport office or UVM office and apply for a passport replacement along with a list of required documents.

An application for a replacement is drawn up according to the established template (Form 1P), in the same way as an application for the initial issuance of a passport is drawn up.

The following list of documents must be attached to the application:

  • old passport issued in the previous surname;
  • documents on the change of surname (for example, a divorce certificate, if the new surname is indicated directly in it, or a certificate of surname change);
  • 2 photographs "for passport";
  • receipt of payment of the duty.

In some cases, you may need other documents as well. For example, in order to put a mark on military duty in a new passport, you need a military ID to indicate data about minor children - their birth certificates, mark the TIN - the corresponding certificate of registration with the tax service.

State duty for changing a passport

Since the beginning of 2016, amendments have been made to the Tax Code of the Russian Federation regarding the size of the state duty. In this regard, the issuance or replacement of a passport is charged state duty in the amount of 300 rubles.

Passport replacement period

Delay in changing the passport after changing the surname is not allowed. The passport must be changed within 30 days from the date of entering the new surname in the Book of Record of Acts and receiving the certificate of surname change. If the passport is changed out of time, a fine cannot be avoided.

After submitting an application, you need to appear for a new passport in 10 days (if the documents are submitted to the UVM department at the place of registration or if the previous passport was issued in this department) or after 2 months (if the previous passport was issued in another department).

What other documents need to be changed after changing the surname?

Replacement of a foreign passport

Unlike the main document - a passport of a citizen of the Russian Federation, a foreign passport does not require urgent replacement. The only recommendation is not to use a passport with an old surname after the state registration of a new surname. And start the procedure for replacing the passport as soon as possible after receiving a new passport.

To do this, you need to contact the UVM of the Ministry of Internal Affairs with a full package of documents:

  • an application for a change in the foreign passport in connection with a change in the surname;
  • old passport;
  • a new passport of a citizen of the Russian Federation with a changed surname;
  • photographs.

Replacement of driver's license

A driver's license does not belong to the category of mandatory replacement documents. The validity period of the rights is limited, you can change the surname in the new rights - after the expiration of their validity period. Along with the rights, you can present a certificate of surname change or a divorce certificate (if the changed surname is indicated there).

But for those who often use a car and often communicate with traffic police officers, it is recommended to replace the license. This will help avoid lengthy and regular explanations.

To obtain a new driver's license, the following documents must be submitted to the traffic police:

  • old driver's license;
  • driver card,
  • a new passport with a changed surname;
  • medical certificate (and not necessarily with a changed surname, the main thing is that the certificate has not expired yet);
  • certificate of the place of registration.

Replacement of a medical insurance policy

There are no restrictions on the time period for replacing a medical insurance policy. Therefore, you can start the procedure for replacing this document at any time, at your discretion. Of course, it's not worth delaying this - life is unpredictable.

To replace the policy, you should contact the medical institution or the insurance company that issued it. You must provide the following documents:

  • old policy;
  • surname change certificate;

Replacement of a pension certificate

If the pension certificate was issued at the place of work, it can also be replaced through the personnel department. Otherwise, you should independently contact the branch of the pension fund at your place of residence. It is necessary to submit documents confirming the change of surname, and a new passport with the changed surname.

Replacement of TIN certificate

This document is one of the few that should be replaced as soon as possible. To do this, you should visit the tax office at your place of residence. The application for replacing the TIN certificate must be accompanied by the same package of documents:

  • old TIN certificate;
  • surname change certificate;
  • a new passport with a changed surname.

Replacement of bank cards and accounts

Replacement of bank cards and accounts due to the change of surname is obligatory. It is necessary to contact either the bank branch or the personnel department at the place of work (if the question concerns a salary card).

Replacement of diploma and educational documents

There is no need to change an existing diploma. But if the study at the university has not yet been completed, it will be necessary to replace student documents (grade book, student pass, postgraduate certificate). To do this, you should contact the administration of the educational department of the university with the appropriate application and documents confirming the change of name.

Replacing the work book