Is it possible to change your surname to your maiden name without a divorce, what documents are needed and where to apply

The surname can be changed at any time, whether at the time of marriage registration or several years after marriage. If at the time of marriage the personal data were not changed, and later there is a desire to change them, then the procedure will be the same, regardless of when the wife decided to change her surname to her husband’s surname or decided to return her maiden name. The right to change your full name is regulated by Article 58 of Federal Law No. 143-FZ, as well as Articles 19 and 32 of the Family and Civil Codes.

In what cases can you return your maiden name?

It is generally accepted that a woman who gets married must take her husband’s surname. And more than 90% of women actually do this.

Typically, the procedure for changing data and returning a maiden name becomes necessary after a wedding, dissolution of a union or death of a spouse.

It turns out that there are cases in which changing your surname to your maiden name without getting a divorce is quite possible.

Any citizen of the Russian Federation, according to the Civil Code of the country, after reaching the 14th birthday, has the right to apply to the departments that maintain civil registration at the place of registration or birth registration. Here you can submit an application to change your personal data at your own request.

Any citizen of the Russian Federation, after reaching their 14th birthday, has the right to submit an application to change personal data at their own request

If we are talking about changing their own name by minor citizens, then parental consent is required to confirm registration.

If the question is to return the maiden name without divorce to a woman who has reached her 18th birthday, then such permission, including that of the spouse, is not required.

Is this procedure possible in marriage?

When a girl gets married, she takes the information of her husband. This means that children born in marriage should automatically be registered under a common surname. But any married woman has the right to change her surname to her maiden name without divorce at her own request.

This right refers to personal non-property choice, enshrined in constitutional law. The difficulty arises when, simultaneously with changing her own personal information, the mother intends to change the surname of her common children. Then the father's permission is required, which is certified by a notary. At the same time, an exception is provided at the legislative level. Permission is not needed if the husband is deprived of parental rights by court.

Is it possible to change a surname to a maiden name some time after a divorce?

Based on the same article 58, Russian citizens over 14 years of age have the right to change their personal data. It is also possible to return to your maiden name a year or more after a divorce. Only this process will be more drawn out than changing personal data immediately during a divorce. The procedure will be the same - generally established, only the registry office employees have the right to extend the consideration of the application up to two months. If there is insufficient justification for the application, the registry office has the right to make a decision on refusal, which will have to be contested. And this means increased costs of time and money.

How to change your last name

The replacement procedure has a number of features. You can change your last name without getting a divorce provided you collect a package of documents confirming the existence of a real need and actual possibility.

To change your last name you will need to collect a package of documents

To restore your previous name, you can choose one of the methods for filling out an application remotely. But there is no way to avoid a personal visit to the civil registry office.

At the registry office

The traditional option, which is provided in order to return a girl’s data, is to visit the registry office where the marriage was registered. You will be asked to fill out an application, indicating personal data, information about children, and explain the reason for returning your maiden name. For example, a good reason for a positive decision may be the desire to return the father's name. They will also be asked to provide the necessary documents.

The department reviews the application within 30 days. The maximum period is 60 days. Staff are required to make a positive or negative decision and then notify the applicant.

At the MFC

A multifunctional center is an intermediary between citizens and departments that control the implementation of specific services. When using the MFC, to obtain a decision on the case, you will need to visit the registry office. It should also be taken into account that when contacting the center, the period for consideration of the application is extended by several days.

The multifunctional center is an intermediary between citizens and departments

In addition, before visiting the MFC, you should find out in advance the schedule of specialists who deal with issues of personal information. To wait, it is convenient to make an appointment by phone and come at the appointed time.

On the State Services website

The State Services portal was created in order to facilitate the process of obtaining certain services and establish remote communication between the necessary departments. On “State Services” you can fill out an application, followed by a personal visit to the registry office.

On the portal, you need to select a special tab called “State registration of name change”, fill out documents and sign up for an electronic queue for an appointment with the department at your place of residence. The advantage of using this option is the remote filling of papers. If you visit in person, you will only need to sign.

Submitting an application through Gosuslugi has another advantage. Simultaneously with filling out the form, a woman can immediately pay the state fee by bank transfer. In some cases, discounts are provided when paying through the portal. Promotions are carried out periodically, and you can save from 300 to 1000 rubles.

Required documents

A service that allows you to change your last name without a divorce will not be provided if you do not provide the list of required documents within the specified time frame:

• application form No. 15;
• passport;
• own birth certificate;
• original birth certificate for children under 18 years of age;
• marriage certificate;
• receipt for payment of state duty.

The service for changing your surname will not be provided if you do not provide a list of necessary documents within the specified time frame.
It is better to make copies and draw up a list in advance.

Filling out an application

A sample application can be printed on the State Services website and filled out yourself before going to the MFC or registry office.

To enter the application in Form No. 15, the following data is required:

• passports;
• children's birth certificates;
• last name, first name, patronymic to be changed;
• girl's name;
• about place and date of birth;
• citizenship;
• marital status with the provision of certificates of marriage or divorce;
• the reason for changing personal data;
• addresses of residence and registration.

An inventory of the attached documents will also be required.

After considering the application, the civil registry office employee must draw up a receipt indicating which papers were received from the applicant.

Drawing up an application to change your surname without divorce

When collecting papers for a change of data, it is mandatory to compile it in a special format form No. 15, containing the following details:

• personal data of the designer (last name, first name, patronymic);
• date, month, year and place of birth;
• actual and registered place of residence;
• information about previously made entries in the civil register;
• detailed information about children (initials, dates of birth);
• indicating the desired surname to change;
• description of the main reasons;
• a list of documents that are attached to the application;
• handwritten signature and date of completion of the document.

A voluntary change of surname involves the re-registration of a number of documents:

• a personal passport requires priority replacement, as it is invalid after the issuance of a certificate of change of data;
• changing a document with an identification number that cannot be changed. The paper must indicate the new surname of the owner;
• replacement of a medical policy is carried out at the place of work or in a special institution for issuing insurance certificates;
• the certificate of receipt of a pension is also subject to replacement after applying to the pension fund at the place of residence;
• driving license also requires a change of surname, since the current legislation has made appropriate amendments, and a document with the old initials is invalid;
• changing the last name in educational documents (certificate, diploma) is not mandatory. In this case, it is enough to present a certificate of changes made;
• work passes, student or library cards must also be replaced. To change data, you must present a certificate to a human resources specialist or educational unit;
• cards received from a bank and accounts require data changes, since such papers contain personal information. Re-registration consists of submitting an application to the appropriate bank branch.

Changing the surname is also carried out in documents of the following type: military ID, contracts of various nature, securities.

After changing personal data, the applicant is obliged to notify all organizations requiring amendments to the previously entered information!

State duty for changing surname

Changing your last name without getting a divorce means changing your main identity document, that is, your passport. The state fee for registering a new name is 1,600 rubles.

Payment is provided in two ways:

• translation on the website of government services;
• in cash at the cash desk of any bank.

The last method is convenient because you can use the help of a consultant to correctly fill out the fields of the receipt. Attach the transfer receipt to the list of papers.

To make changes to your passport, you will also need to buy a new form.

Procedure for changing your passport after a divorce

Changing a passport after a divorce is regulated by the state service standard and has standard requirements, following which you can issue a new passport within 10-14 days, including the time for collecting documents.

Where to begin

The procedural procedure for changing a surname during a divorce requires a certificate of divorce. Therefore, you first need to contact the registry office for a divorce certificate after the court makes a decision on divorce.

Where to contact

Having the appropriate certificate in hand, you can proceed to change your passport.

You must contact the Federal Migration Service to change your passport after a divorce within the time period established by law - 1 month. After 30 days, the previous passport will be considered invalid, and the citizen will be fined for violating the passport regime.

Required documents

1. Receipt for payment of state duty.
2. Birth certificate and its copy.
3. Certificate of divorce.
4. 2 photographs size 35mm*45mm.
5. Application in the prescribed form No. 15.
6. If you have minor children, copies of their birth certificates will be required.

The period for replacing a passport does not exceed 10 working days from the date of acceptance of the entire package of documents.

Payment of state fees for divorce

Changing passport data (first name, surname or patronymic) requires paying the state fee twice: the first time when getting a divorce, the second time when changing the surname, since these are two different services.

In the absence of minor children, the divorce is formalized by the civil registry office without a court hearing (if there are no controversial issues.) In this case, the state fee will be 650 rubles (price valid for 2021) for each spouse.

There are cases in which the state fee is paid by one of the spouses, and it is 350 rubles (valid for 2021):

• missing spouse.
• he/she is incapacitated.
• he/she has been sentenced to imprisonment for a term of more than 3 years.

The state fee is paid before submitting the application and a receipt for its payment is attached to the package of documents. In the event of a divorce at the registry office, a divorce certificate is issued to both spouses and no additional expenses are required.

If a change of surname occurs during a divorce, the total amount of the state fee will be 1,600 rubles (this will be the most economical option).

If the change of surname occurs some time after the divorce, then the state fee is paid separately and amounts to 1000 rubles (valid for 2021).

Fees for divorce through court

A trial is required if:

• the family has a child (children) under the age of 18;
• there is no consent for divorce by one of the spouses;
• a lawsuit was filed demanding division of property.

The amount of the state fee for a divorce through the court will differ depending on the nature of the proceedings.

Cost of state duty in case of controversial issues regarding jointly acquired property (all prices are valid for 2021):

• for property owners less than 20 thousand rubles, the bribe to the state treasury will be 400 rubles;
• from 20 to 100 thousand rubles, the duty consists of 2 amounts: 800 rubles fixed and 3% of the value of the property.
• from 100 to 200 thousand rubles - 3,200 rubles and 2% of the entire assessed value of the divisible property.
• owners of property from 200 thousand to one million rubles will have to pay the state - 5200 rubles fixed and 1% of the amount that exceeds 200 thousand rubles.
• more than one million rubles will entail costs in the amount of 13,200 rubles. and 0.5% of the amount of divisible property minus 200 thousand.

The cost of state duty increases not without a limit established by law. There is a limit on the amount of state duty: it cannot be more than 60 thousand rubles. This is the maximum limit.

State fee for replacing a passport

The state fee for replacing a passport for 2021 is 300 rubles. Payment must be made according to receipt form PD-4.

Where to get receipt PD-4:

• in the registry office;
• in Sberbank;
• download from the link below.

Payment Methods:

1. At a bank branch.
2. Through a bank terminal.
3. Using Internet banking (difficult, as it requires accurately filling out the PD-4 form yourself.
4. Through the portal "State Services".

The last method is the most convenient and practical.

Additional information: when paying the state fee on the State Services portal, there is a promotion - prices are 30% lower until the end of 2021.

How to pay the state fee on the State Services portal

1. Register on the website https://www.gosuslugi.ru.
2. Log in to your personal account.
3. In the “Categories” tab.
4. In the window that opens, select “Replacement of a passport of a citizen of the Russian Federation in case of a last name change...”.
5. Fill out the application according to the instructions.
6. Pay the state fee.

Additional information: There are no fees for paying all government fees online.

Thus, the step-by-step instructions for the process of changing a surname look like this:

1. Collection of documents.
2. Payment of state duty.
3. Submitting an application to the registry office.
4. Consideration of the application by the Civil Registry Office.
5. Issuance of a certificate of name change.
6. Replacement of an identity document.

Service provision period

Applications are considered within 30 days, but sometimes the period can be extended by 1 calendar month. The registry office staff will notify you of this in advance or call you later when there is a reason to extend the period for consideration of the application.

Applications are reviewed within 30 days

Typically, such a need arises when an agency requests complete information from other authorities in order to make a decision. In this case, an important part of the matter becomes the presence of children together with the spouse or his direct participation in their upbringing.

Why confirm your maiden name after divorce?

According to current legislation, a woman can change her surname to her premarital name in two cases:

• During the divorce, by writing a corresponding statement and providing a document confirming her maiden name. This could be a birth certificate, a marriage certificate, or other documents that indicate your surname at birth.
• After the divorce procedure at any time if desired. However, the procedure will take place on a general basis.

According to current legislation, the ex-wife has the right to keep the surname that she received after marriage. This is especially true during a divorce if the children remain with the mother.

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What other documents need to be replaced when changing your last name?

Changes in personal data entail the need for corrections in a number of basic documents. It is convenient to order the service for changing the package on the portal “Government Services. In addition to the simplified application format, you can get a discount on government fees.

If you do not replace the documents, you will have to request a certificate from the registry office about the data: premarital or married. This will be required to confirm data that does not match in the passport. Then, each time you use your passport, you will have to additionally confirm your identity using additional certificates.

Along with the main document, you need to change your certificate of insurance, driver's license, payer identification number, and medical policy. New credit or debit cards from some banks can be made later when the plastic card expires.

If a woman receives social benefits on a personal card or is waiting for transfers to a current account, then the information should be updated immediately after receiving a new passport. To do this, visit the bank office and confirm the data.

Pros and cons of returning your maiden name

Changing a surname after a divorce is a purely individual matter and does not depend on any other circumstances other than the desire of the citizen. However, divorce and a maiden name only sounds easy and quick, but represents a lengthy bureaucratic red tape. Passport data includes the last name, which means changing it entails changing a number of documents:

1. Civil passport.
2. Foreign passport (preferably).
3. Driver's license.
4. Medical policy.
5. Pension certificate (for people of retirement age).
6. Taxpayer certificate (TIN).

From this list, there are mandatory deadlines and requirements for a civil passport. The remaining documents can be changed at any time, but using them after 30 days of making a decision to change the name (as it will be written on the certificate) threatens with negative consequences and requires the presentation of a divorce certificate and a new passport.

Changing documents involves time and material costs.

When changing a surname, the rights and responsibilities previously acquired by the citizen are not removed. Thus, all obligations to banks, employers and other subjects of relations remain valid.

Is it possible to prove your right through court?

If the registry office makes a negative decision on the case, then this indicates the presence of compelling reasons. The decision can be challenged in court and you can try to change your surname without a divorce to your maiden name, but by decision of the judicial authorities.

The law provides for the right to change data taking into account the following reasons:

• for religious reasons;
• due to the cacophony of the name;
• because it is difficult to pronounce or unreadable.

For example, after the wedding it turned out that it was difficult for the wife to pronounce her husband’s last name every time, but she works where she constantly has to introduce herself by last name, first name, and patronymic. Such cases are rare, but they do exist. Judicial practice shows that challenging the decisions of the registry office in court with the presentation of compelling evidence allows one to achieve a positive decision.

Does changing the mother's surname during divorce affect the child's surname?

Changing a parent's surname during a divorce does not directly affect the surname of the child(ren). If a parent wishes to change the child’s surname by assigning it his premarital name, it is necessary to carry out the procedure in accordance with the generally established procedure in accordance with Article 59 of the RF IC.

To change a child's surname, the consent of both the father and mother is required. When a child reaches the age of 10, his wishes and opinions are taken into account.

Thus, when planning to divorce, spouses should think about further actions in advance. By independently agreeing on the nuances regarding changing passport data and dividing property during a divorce, you can significantly reduce the costs of litigation and payment of state fees. In addition, the process will be faster and calmer.

Nuances

The general procedure for returning a maiden name after a divorce does not imply the presence of exceptions and special situations, however, residents of the Russian Federation increasingly began to travel abroad, or enter into and dissolve marriages with foreigners. If a citizen of a foreign country or a woman living in a foreign country for a long time wants to change her surname to her maiden name upon divorce, she must contact the embassy or consulate. The following documents are provided:

1. Application on the form established by the Ministry of Foreign Affairs of the Russian Federation, which is given by employees.
2. Passports - national and foreign.
3. Divorce certificate or certificate confirming this.
4. Receipt for payment of duty.

Consulate specialists accept documents, review the application and make a decision. Based on the results, a certificate of change in personal information or another document confirming this fact may be issued. If a woman has retained Russian citizenship, then to return her maiden name after divorce, she can contact the registry office according to the general procedure, which was described in the article.