Changing your surname to your maiden name after a divorce - what documents are needed and how to do it 2021

In any form of application for termination of marriage, which is submitted to the state registry office, there is a section where the spouse terminating the marriage must indicate:

Do you want to change your last name after a divorce?
What surname will he bear after the divorce?

These questions are especially important for women who in Russia, in most cases, according to established tradition, take their husband’s surname during marriage. Before dissolving their marriage, they need to decide whether to keep their husband’s surname after the divorce or return to their premarital surname. Of course, the law does not prohibit you from resolving the issue some time after the end of the marriage relationship and changing your surname after a divorce to your maiden name at any convenient time, however, this will cost money. At the same time, the Civil Registry Office service for changing personal data during the divorce procedure does not require additional payment.

Thus, in order to change your first or last name, you need to understand in detail the following nuances:

Which government agency should the interested party contact?
What list of documents will the girl need so that she can restore her previous surname?
What legal consequences will occur for a spouse who decides to change personal data?

Procedure

To return your previous surname, you need to know where to submit documents and what papers are required for this.

Where to contact

The only body that has the right to change the first name, patronymic or surname of a Russian citizen and confirms this fact by issuing a marriage certificate or a certificate of name change is the registry office.

List of documents

The list of documents attached to the application depends on the basis for the divorce. A separate list of documents submitted along with the application is established for ex-wives who aimlessly wasted time during the divorce procedure and did not immediately decide whether they need to return their maiden name after the divorce or not.

Reasons for receiving government services to change your surname	List of papers submitted along with the application
Mutual divorce	Passport A document certifying the transfer of duties in favor of the state. Marriage certificate.
One-sided divorce	Passport. A document certifying the transfer of duties in favor of the state. A judicial act that confirms the existence of a circumstance that allows the applicant to demand a divorce (incapacity of the second spouse, his unknown absence, or conviction for a criminal offense involving imprisonment for three or more years). Marriage certificate.
Dissolution of family relationships through court	Passport. A certificate prepared by the court office based on a decision in a divorce case. A document certifying the transfer of duties in favor of the state. Marriage certificate.
Applicant's initiative	Passport. A document certifying the transfer of duties in favor of the state. A certificate that certifies the fact of termination of marriage. Applicant's birth certificate. Certificates for the birth of children, if the applicant has them.

Application (including sample)

Depending on the reason why the applicant wants to return the premarital surname, he (she) must fill out an application form, where he (she) must confirm his intention in writing. The following application forms are distinguished:

In case of mutual divorce - Form 8. The sample is here. The application can be submitted to the registry office by spouses personally either through the State Services portal, or jointly through the MFC
For a unilateral divorce - Form 9. The sample is here. The application can be submitted to the state registry office only by the spouse personally interested in the divorce.
For divorce through the court - Form 10. The sample is here. The application can be submitted to the registry office either personally by one of the spouses or through the State Services portal.
At your request at any time - Form 15. The sample is here. The application can be submitted to the state registry office only by the applicant personally.

State duty amount

Reasons for changing your last name after a divorce	Cost of government services
Mutual divorce	650 rubles.
One-sided divorce	350 rubles.
Divorce through court	650 rubles.
At your own request at any time	1600 rubles – provision of services for changing a name or surname + production of a certificate of change of name or surname. 650 rubles - production and printing of a new birth certificate for the applicant. 650 rubles – changing the birth record for 1 child and printing a new certificate of his birth. Accordingly, changing documents for 2 children will cost 1,300 rubles, for 3 children – 1,950 rubles.

Registration deadlines

In case of divorce for any reason, documents (certificate of termination of marriage) will be issued 1 month after submitting a properly written application and package of documents.

If you change your last name at your own request, as a rule, the public service is provided by the civil registry office within 1 month. However, if there are compelling circumstances, for example, if there is a delay in receiving a copy of the applicant’s civil status records, the head of the civil registry office has the right to extend the period for providing public services by another 2 months. Thus, the maximum period of time that the law allocates for resolving the applicant’s request is no more than 3 months.

If the head of the state civil registry office refuses to change personal data without reason, it can be challenged in the framework of legal proceedings in the district court.

What the Law Says

If a husband or wife wishes to change their surname during the divorce process, they must first submit an application in the prescribed form. The applicant draws up a document on his own behalf and submits it to the passport department of the migration service. When drawing up an application, it is advisable to use the help of experienced specialists who have experience in such matters; they have their own characteristics and nuances.

It makes no difference why the surname is changed, but this procedure has its own questions. They are clearly indicated in such legislative acts - in the Civil and Family Codes of the Russian Federation.

According to these regulatory documents, citizens have the right to change their last name in the following cases:

During the procedure for concluding a marriage.
With the consent of the guardian who will exercise guardianship over the incapacitated citizen.
When adopting minor children.

When spouses divorce, they also have the right to change their last name. Typically, a woman who took her husband's last name can leave it after a divorce, or return to her maiden name. The husband in this situation cannot influence the course of events in any way, since such actions are not prescribed in any way in the legislation of the Russian Federation.

What documents will need to be changed after this and how to do it

Changing your last name entails the need to change documents, which include not only those that prove your identity.

Russian passport

After handing over the certificate of marriage or change of surname to the applicant, the civil registry office employee is obliged to put a special mark in the passport about the change of personal data. With this mark, the passport is valid for another 1 month, after which it is considered expired. If you contact the Migration Department of the Ministry of Internal Affairs of Russia with a request to replace an expired passport, then before providing a public service the applicant will have to pay a fine equal to 2-3 thousand rubles, and for persons registered in St. Petersburg or Moscow, 3-5 thousand. rubles

Currently, in accordance with legislative norms, the Department for Migration Issues of the Ministry of Internal Affairs of Russia deals with issues of passport replacement. After a divorce or change of surname on personal initiative, the interested person provides the following documents to the migration department employee:

Passport.
An application, a sample of which can be found at this link.
Two photographs measuring 3.5 x 4.5 centimeters. They can be either black and white or color.
Divorce certificate or certificate of change of surname.
Certificate confirming the fact of birth of the applicant.
Evidence that records the fact of the birth of children, if the applicant has them.
A check or other document that certifies the fact of payment of 300 rubles collected as a state duty.

After accepting the full list of the above documents, the new passport will be ready in no more than ten calendar days.

international passport

The law does not determine the period during which a person who has changed personal data must change his foreign passport. However, in order to avoid difficulties that may arise abroad with an old passport, it is advisable to make a new document. To obtain a new international passport made according to the old model, you should contact the MFC or the department of the Migration Affairs Department of the Ministry of Internal Affairs, which is responsible for issuing foreign passports, and provide the following documents:

Questionnaire in two copies.
Color photographs 3.5 x 4.5 centimeters, 3 pcs.
Russian passport + copies of all pages.
Previous passport, if available.
Military ID or certificate from the military commissariat for men from eighteen to twenty-seven years old.
A check for a fee of 2000 rubles.

To obtain a new passport, you need to submit the following documents:

Questionnaire in two copies.
Russian passport + copies of all pages.
A check confirming payment of a fee of 3,500 rubles.
Previous passport, if available.
Military ID or certificate from the military commissariat for men from eighteen to twenty-seven years old.

Sometimes the archive requires 3 photographs measuring 3.5 x 4.5 centimeters, color.

The registration process usually takes about thirty days.

Driver's license

Due to changes in legislation, from November 5, 2014, you need to obtain new rights when changing personal data. It should be borne in mind that the certificate becomes invalid immediately after receiving a divorce certificate or a certificate of name change, so it must be changed as soon as possible.

This service is provided by the examination and registration department of the traffic police at the applicant’s place of residence. You need to bring with you:

An application, a sample of which can be downloaded here or filled out on a form issued by the traffic police.
Passport.
A document certifying the change in the driver’s personal data (marriage certificate or certificate of change of surname).
Old driver's license.
Document for paid duty of 2000 rubles.

As a rule, registration occurs within the day of application.

Keep in mind that you cannot drive a car with an old license. This offense entails a fine ranging from 5 to 15 thousand rubles.

Car insurance

To change your insurance information, you need to contact the insurance company with the following documents:

Passport.
A valid MTPL or CASCO policy.
A document certifying the change in the driver’s personal data (marriage certificate or certificate of change of surname).
Driver's license with a new first or last name.

Changes in insurance data occur on the day the applicant applies.

SNILS

Its replacement is carried out free of charge at the Pension Fund located at the applicant’s place of registration. To receive government services you need to provide the following documents:

Application form, which can be found here.
Passport with a new surname or first name.
Old SNILS.
A document certifying the change in personal data (marriage certificate or certificate of change of surname).

The new SNILS is prepared within thirty days. Despite the fact that Russian legislation recommends that citizens take care of the issue of changing SNILS in the first two weeks after changing personal data, there are no penalties for failure to comply with this recommendation.

Medical policy

It is changed at the branch of the company in which the person who changed his name is insured. To obtain a new medical policy, you need to submit the following documents to an employee of the insurance company:

Passport with new personal data.
Statement.
Old medical policy.
A document certifying the change in personal data (marriage certificate or certificate of change of surname).

You should check with your insurer about the date of production of the new medical policy. As a rule, this service is performed free of charge.

Certificate of TIN assignment

Changed at the Federal Tax Service at the applicant’s place of registration upon presentation of the following documents:

An application, a sample of which can be viewed here.
Passport with a new surname.
A document certifying the change in personal data (marriage certificate or certificate of change of surname).
Old certificate of receipt of TIN.

The production of a new document on obtaining a TIN does not require payment and is completed within five working days.

Which documents may not be changed?

These include:

Employment history.
Educational documents (certificates and diplomas).
A certificate confirming the registration of the vehicle with the State Traffic Safety Inspectorate.
Certificate of ownership of real estate.

Certificate of name change

Below we have presented a standard sample application for a change of surname submitted to the registry office.

After reviewing the application, the Civil Registry Office staff issues a certificate of name change. Yes, we were not mistaken. This is the name of the official document that is issued when personal data is changed - last name, first name or patronymic (both individually and together).

If the surname changes during a divorce, a certificate of name change is not issued. A mark is placed in the passport, changes are also made to the divorce certificate, which must be provided to obtain a new passport.

What documents are important for confirmation?

These are the following two documents:

Divorce certificate.
Certificate of change of surname.

If a woman adopted the surname of her betrothed after marriage, but during the divorce decided not to restore her maiden surname, then to confirm the change of her maiden surname to the surname of her ex-husband, she needs to request a certificate from the state registry office about a previously concluded and dissolved marital union. This document contains information about the personal data of the spouses before and after marriage.

Replacement of health insurance policy

Passes in the same order as the previous document and can be carried out through:

MFC;
insurance company;
government services (the service is not available in all regions).

When contacting an insurance company, you will need the following set of documents:

Passport.
Certificate of divorce (certificate of change of surname).
Old honey policy.

When contacting the MFC, in addition to the listed documents, you may need an insurance number of your personal account (insurance certificate of pension insurance).

Re-registration is free

Is it possible to stay in my husband's last name?

Restoring one's maiden name after the end of a marriage is considered under family law to be the right of the ex-wife, but not her obligation. In accordance with this legal norm, no one can force a woman to give up her ex-husband’s surname or force her to wear it. Thus, at any time after the divorce she can change her mind and register a different surname in the registry office.

The only circumstance that forces the ex-wife to take a premarital surname is the recognition of the former family union as invalid. However, she needs to take into account that recognition of the invalidity of a marriage requires a trial and the provision of convincing evidence from the ex-husband indicating that the marital relationship is fictitious.

The main reasons prompting ex-wives not to return their previous surname are:

The desire to find a man as quickly as possible and enter into a marital relationship with him. Accordingly, when marrying him, the woman plans to take his last name and in her decision is based on expediency, since she does not want to change documents twice.
The ex-wife was unable to change the personal data of the children during the separation from her husband and does not want her surname to be different from the surnames of the children.
Reluctance to sit in queues at government agencies.

If you have a child (is it possible to change his last name)

The law allows changing children's surnames, taking into account the following provisions:

If a child has reached the age of ten, he must express his consent to change his personal data.
If the mother and father live together, then the guardianship authority, at their mutual request, has the right to allow the child to change his surname to the surname of the other parent before the child reaches the age of fourteen.
When parents live separately, the parent who lives with the child and wants to give him his last name must obtain the consent of the other parent. This consent must be expressed by the second parent at an appointment with a competent employee of the guardianship authority or in writing and certified by a notary.
When the child’s parents are not married and paternity has not been officially established, the mother has the right to ask permission from the guardianship authority to change the surname of her offspring to her own surname.
The role of guardianship authorities is performed by state executive authorities at the regional level of Russia or local government bodies.

The opinion of the second parent is not taken into account if:

He (she) is deprived of the rights of a parent.
He (she) has been declared incompetent by the court.
He (she) does not provide financial support or raise a minor child without good reason.

Arbitrage practice

The case was considered by the Yakut City Court of the Republic of Yakutia in June 2021.

The ex-wife filed a lawsuit against her ex-husband, in which she demanded to change the middle name of her child. In support of her claims, she stated the following:

The Yakut City Court previously deprived the defendant of his rights as a parent, so his opinion does not need to be taken into account.
Moreover, she does not know where the defendant is. Therefore, he will not be able to express his opinion about the claim before the judge.

At the meeting, the plaintiff fully supported her claims, and the defendant did not appear at the hearing. The representative from the state civil registry office left the decision of the claim to the discretion of the judge.

Having examined the materials presented by the parties, the judge decided:

The plaintiff did not comply with the pre-trial settlement procedure, namely, she did not apply to the registry office with a request to satisfy her claims. Before the plaintiff went to court, the registry office should have refused to change her patronymic name for a minor.
The plaintiff chose the wrong way to protect the interests of the child, so the claim should be left without consideration. If the ex-spouse eliminates the circumstances that caused this decision, she will be able to submit an application again.