It's no secret that it is not at all necessary for a husband and wife to take the same last name when registering a marriage. A woman can keep her maiden name.
And sometimes it happens that after a long time: a year, two, or even five, she suddenly decided to take her husband’s surname.
But is it possible to change the last name after registering a marriage after some time (after a year, for example) and how to do this? This will be discussed later in the article.
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Law and name change
To understand how this issue is regulated at the legislative level, you need to refer to Article No. 32 of the Family Code of the Russian Federation. It clearly states that a citizen has the right to change his surname upon marriage, as well as upon its dissolution, and referring to Article No. 58 of the Civil Code of the Russian Federation, we can affirmatively say that a person who has reached 14 years of age can apply to change his surname, name and patronymic in the registry office at the place of registration or at the place of state registration of birth of this person. At such a young age, a change of full name will take place with the consent of both parents or a court decision. After reaching the age of majority, no one’s consent is required, and accordingly, this can be done while married.
Is it possible to change your last name after registering a marriage in a year or several years?
Changing your surname to your husband's after marriage is not required by law.
The procedure for changing personal data is prescribed in the Federal Law “On Civil Status Acts” No. 143.
If a woman changes her last name immediately, on the day of her marriage, then the data is simply entered by the registry office.
You can also change your personal data after a year or several years.
True, in this case the procedure becomes somewhat more complicated. You will have to submit an official application to the registry office and wait for its consideration.
Why change your surname to your maiden name?
It's no secret that surnames can be strange and funny. When getting married, the bride, not wanting to seem disrespectful, can take her husband's surname without thinking about anything. But time passes and the woman cannot get used to the new surname. Also, it is not always convenient for a young lady to “shine” a badge at presentations, on which is written a dissonant surname, which can cause laughter or hostility. Then the idea comes to change my surname to my maiden name. The husband’s disagreement can only result in a scandal; it will not affect the wife’s firm decision. To register a change of surname, you will need to go through the usual procedure.
What documents need to be replaced
After changing your last name, the first thing you will need to do is apply for a new passport as a citizen of the Russian Federation.
To do this, you need to contact the migration service at your place of registration and submit the appropriate application.
This must be done within 30 days after changing personal data.
Delay is punishable by a fine of 2000 - 3000 rubles. For residents of Moscow and St. Petersburg, this amount is much higher, it is 3,000 - 5,000 rubles.
The next step when receiving a new identity card is to replace the main package of documents.
Registration of a new SNILS must also be made within one month after the change of surname. To do this, you need to write an application to the Pension Fund for changing the insurance certificate.
Next, the compulsory health insurance policy is exchanged within thirty days after the change of name.
The following documents will also need to be updated:
- ;
- ;
- TIN;
- Bank cards.
Some documents do not need to be changed. For example, papers confirming property rights. They will be legal when providing a passport and marriage certificate.
Education documents do not require replacement. Also, the state does not insist on mandatory replacement of the TIN. But it’s better to do this to avoid questions when applying for a job.
It is important to know that changing a surname some time after the official marriage is carried out on a general basis. And you need to take into account that you will have to spend both time and money to obtain new personal data.
What does a name change application contain?
Having already figured out whether it is possible to change your last name without a divorce, you should come to the registry office to submit an application. An application to change a surname, filled out using a special form, must contain the necessary data. Namely:
- surname, name, patronymic of the applicant;
- full date and place of birth, including details of the birth certificate;
- place of registration and actual place of residence;
- citizenship;
- information about marital status, including information about the date of marriage registration, act number and name of the registry office that registered the marriage;
- information about minor children;
- a description of the reason to return the previous surname;
- passport data: series, number, name of the authority that issued the document and the date of issue;
- list of attached papers;
- signature and date of writing the application.
How to change through the State Services portal
Often, refusal to change a surname after marriage is due to lack of time to replace documents. But today all operations can be completed online, through the State Services portal.
In order to be able to submit an online application, you must first register and create a personalized profile.
To do this, you need to enter all the data and receive a letter by mail with the key to your account.
On the website, you need to select the “Civil Registration Office” tab, then go to. Here you can fill out an application for obtaining new personal data on a general basis.
After the application has been verified, you must confirm your actions on the site by entering the code.
Next, scans of documents are uploaded to the site. And all that remains is to wait for the decision that will come by email.
Similarly to submitting an application to the Civil Registry Office, 30 days are allotted for consideration of the application through the State Services portal.
Dear readers! To solve your problem right now, get a free consultation
— contact the on-duty lawyer in the online chat on the right or call:
+7
— Moscow and region.
+7
— St. Petersburg and region.
8
- Other regions of the Russian Federation
You will not need to waste your time and nerves
- an experienced lawyer will take care of solving all your problems!
Reasons why a woman wants to leave her last name
The main reason: “I don’t want to take my husband’s last name!” - and it’s quite valid. But it has several origins:
- My husband's last name doesn't sound very good. Indeed, we do not choose surnames, and their origins are difficult to trace. But not everyone wants to change the noble “Orlov” or “Romanov” to the ridiculous “Rukosueva”.
- There is an attachment to the surname. Again, almost no one keeps family dynasties now; the surname is a convenient identifier.
- I don't want paperwork. You will have to re-issue your passport and change your last name in all documents: at work, at university, at the tax office.
Now there is nothing wrong with a wife not taking her husband’s last name. This is not prohibited at the state level, and if there is mutual understanding in the family, no one will object.
The right of spouses to choose a surname
What is the right of spouses to choose a surname? The norm of the family code of our country, contained in Article 31, determines that in marriage spouses are equal to each other, since marriage itself is nothing more than an equal union of representatives of the two sexes, which is based on monogamy. Simultaneously with the conclusion of marriage, the spouses have both property and personal non-property relations that arise from family ties. What does it mean for spouses to have the right to choose a surname?
In particular, the legislator calls one of the personal non-property rights the right for spouses to choose a surname. This means that the spouses have the right to choose one of the common surnames of one of the spouses, or each will remain with their own. Whatever is decided, the decision must come voluntarily from each spouse. Spouses do not have the right to impose their opinion on each other on this issue, and even more so there is no pressure from third parties, including relatives of the spouses, on the decision of each of the spouses. Otherwise, a person who unlawfully influences and pressures the spouses’ right to choose a surname through threats, coercion and other methods may be held accountable. Thus, there will be no restrictions on the right of spouses to choose a surname.
Society's attitude
What happens if you keep your maiden name after the wedding? Despite the fact that now there is much more freedom in social choice than in ancient times, many things are perceived by society in the old way. The decision of a girl who left her maiden name may simply not be accepted. How to react to the negativity of society? The best thing is to approach this with humor. What surname someone will bear is a personal decision for each couple, and nothing more. The statement that couples with different surnames do not live together for a long time is fundamentally wrong. If spouses cannot find a common language, neither a common surname nor a wedding will help... And on the contrary, if there is respect and understanding in the family, nothing will stop loving hearts from going through life’s journey together.
Car insurance
How much time do you have for replacement?
Insurers advise notifying the insurance company immediately after receiving a document with a new name. “Today you received a new passport - today you called the company and the next day you go to the office for a new OSAGO policy,” advises the head of the marketing research department of IC MAX, Evgeniy Popkov.
True, those who in their policy act simultaneously as the insured, the owner and the person admitted to management, are in for an “entertaining” quest. Because you will also need to change your PTS and driver’s license (issued at the traffic police department). The last two documents are not always issued at the same time. Therefore, you may have to come to the insurer’s office several times and make changes to the MTPL policy each time.
“If you postpone a visit to the insurance company about changing your last name until the end of the policy, then your bonus-malus coefficient (BMR) will most likely drop to one,” warns Evgeny Popkov. The reason is trivial - when registering and calculating compulsory motor liability insurance, insurers’ information systems automatically request information on KBM in the RSA database. And since the last name in the request will be new, the RSA database will respond that nothing was found and will return a BMR equal to one.
Where to change
You need to contact any office of your insurer, write an application and attach a copy of the document with your new name. After this, you will be given a new OSAGO policy with a new last name. All other information and terms of the policy - insurance period, car details, premium amount - will remain the same.
If you have issued an electronic MTPL policy, you will not be able to change your last name on it through the company’s website, says Evgeniy Popkov from MAX. “Technology has not yet reached the required level - you will have to pay a personal visit to the insurance company,” he says.
What documents are needed
- passport,
- driver's license,
- if you are the owner of a car - PTS or Vehicle Registration Certificate.
An important point is that you must ensure that the insurer sends your updated data to RSA. Then your bonus-malus coefficient (BMC) will be saved and will happily “link” with your new surname. If updated data is not entered into the RSA database, your next MTPL policy may cost more.
Why did such a tradition appear?
Traditions do not arise out of nowhere. They usually have logical, practical explanations.
In general, the surnames themselves appeared in Rus' quite late - around the 13th century. It is believed that they were first documented when listing the inhabitants of Veliky Novgorod who died in the Battle of the Neva. The process of “familization” continued until the beginning of the 20th century. And if for the nobility the family name was fundamental and important, then simpler people made good use of nicknames, patronymics and other methods of identification.
Most of the current surnames are family nicknames, that is, they demonstrated belonging to a certain clan. Upon marriage, a woman broke away from one community and joined another. It is no coincidence that wedding rites are so similar to funeral ones: a girl “dies” in her family and is reborn in another. Therefore, they washed her in the bathhouse and mourned her, and her husband carried her over the threshold in his arms, so that the spirit of his house would not think that she was a stranger. The girl supposedly appears there as a baby in labor, literally out of nowhere.
There was no fixation on the husband’s last name; no one entered it into any document. It’s just that all people who belonged to the same clan were identified by some kind of nickname. Individual personal data was not so important, because no one assigned you to a clinic or issued a visa. Many humble men got along without surnames, let alone women - they have no need for it in conditions of complete lack of rights.
There are other explanations. After all, the tradition exists not only in Russia:
- Religious. In the Gospel of Matthew it is written: “And he said, For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh, so that they are no longer two, but one flesh.” One surname symbolizes spiritual unity.
- Mercantile. Married women could not own property. All their property went to their husbands. One surname symbolizes legal unity.
- Overbearing. Since a woman has no rights, where would she go without her owner? First, this function was performed by the father, then by the husband.
Procedure
The procedure for contacting the MFC when changing your last name will differ little from a standard visit to the registration services. The algorithm of actions will look like this:
- Collection of necessary documentation.
- Submitting documents to the MFC and drawing up an application.
- Verification of the legislative grounds for replacement and decision-making by the registry office.
- Confirmation of the adjustment of the applicant’s personal data and receipt of a new passport.
Costs when changing a surname
Making changes to the personal data of citizens obliges them to pay a mandatory state fee in the amount of 1000-1600 rubles - its amount will depend on the circumstances of the procedure (reason), region of residence and registration, and type of document. In addition to the mandatory state duty, other minor costs include the production of photographs and copies of documents.
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