Surnames of husband and wife after divorce

Surnames of husband and wife after divorce in Ukraine

Daria Sergeevna Scriabina

Family lawyer

Hello! My name is Daria Sergeevna Skriabina. I am a family lawyer. Our law firm specializes in providing legal services for divorce and recovery of alimony. Our lawyers provide support in court proceedings throughout Ukraine.

In the article “Surnames of a husband and wife after a divorce” I will tell you how to leave the husband’s surname after a divorce, how long does it take to change a surname after a divorce, how does the surname of a wife and child change after a divorce, what is the procedure for changing a surname after a divorce through a court, can it be changed surname a year after the divorce, how to return the maiden name after a divorce in Ukraine, what to do if you change your mind to change your surname after a divorce.

Be sure to read the article “Surnames of husband and wife after divorce” on advokat-family.com.ua to the end and learn a lot of interesting things about the names of spouses after divorce.

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How to leave your husband’s surname after a divorce in Ukraine?

It is known that the right to be named after the husband’s surname after divorce is granted at the request of the woman, in accordance with the Family Code.

A spouse who has changed his surname in connection with the conclusion of marriage has the right, after divorce, to be called by this surname in the future or to change it to his premarital surname.

Article 113 of the Family Code is general in nature and applies to all divorce procedures – both through the registry office and in court: at the request of the spouse on a joint application.

The term for changing the surname after divorce in Ukraine

It should be noted that according to the rules of state registration of civil status acts of citizens, the change of the spouse’s surname occurs within a month from the date of drawing up the divorce record and the issuance of a separate certificate to each, if the marriage is terminated by the registry office.

If the divorce was carried out in court, then from the date of entry into force of the decision on the divorce, the legislator also provided a period for changing the surname in the bodies of the state migration service at the place of residence of the husband or wife.

Change of surname of wife and child after divorce in Ukraine

In accordance with the Law of Ukraine “On state registration of acts of civil status”, a spouse who wants to restore his premarital surname must declare this to the registry office upon divorce.

Thus, if the marriage surname was indicated when filling out the application for divorce, on the appointed day of the divorce, the husband or wife can change their decision and amend the written application.

The procedure for changing the surname after divorce through the courts in Ukraine

In accordance with Art. 294 of the Civil Procedure Code, when considering cases of divorce of spouses, the decision most often states how the issue of changing a person’s surname is resolved, it says whether to restore the premarital surname, or to leave the surname that the person acquired as a result of marriage.

If the issue of changing the surname was not resolved during the consideration of the divorce case, then an additional decision may be made.

Can I change my last name a year after the divorce in Ukraine?

In accordance with Art. 148 of the Family Code, if the surname of both parents changes, the surname of a child who has reached the age of seven is changed with his consent.

If the surname of one of the parents is changed, the surname of the child may be changed with the consent of both parents and with the consent of the child who has reached the age of seven.

At the request of the parents or one of them, if the second is dead, declared deceased, recognized as incapacitated or missing a child under fourteen years of age and who was assigned the surname of one of the parents during birth registration, the surname may be changed to the surname of the other parent.

Application form for both parents to change the surname of a minor child in the event of a change in the surname of one of them and the application of both parents to change the surname of a minor child or one of them, if the second has died, declared dead, declared incompetent or missing, if the child was given a surname when registering a birth one of the parents, approved by the Rules for Amending the Civil Status Records, Their Restoration and Cancellation Order of the Ministry of Justice of Ukraine dated January 12, 2011 No. 96/5.

We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with such topics: divorce, alimony, division of property of spouses, deprivation of parental rights, divorce without consent, divorce from a pregnant woman, divorce in another city, divorce with a Crimean residence permit, divorce for migrants, divorce abroad, divorce and alimony, divorce online, divorce by mutual consent.

How to get your maiden name back after a divorce in Ukraine?

The Family Code establishes the right of a person to choose a surname, regardless of the wishes of the husband or wife. Usually, decisions state that the change of the marital surname to a premarital surname or the abandonment of the marital surname depends solely on the will of the person who changed his premarital surname to the marriage surname.

So, in one of the divorce cases, it was noted that the right to be named in the future by the surname that was assigned during the marriage, or to restore his premarital surname, belongs to the person who bears it.

That is, the defendant’s unwillingness for the plaintiff to bear the appropriate surname does not matter in this case, because the right to decide which surname to be named belongs to the plaintiff.

Therefore, it is considered possible for the plaintiff to leave the surname assigned in connection with the registration of the marriage (decision of the Dubensky district court of the Rivne region // Unified state register of court decisions).

Changed her mind to change her last name after divorce in Ukraine

Can I change my last name a year after the divorce? Quite a common question. If the spouses did not take advantage of the opportunity to change their surname upon divorce, or the desire to change the surname appeared after the divorce procedure, then there are 2 options for resolving the issue.

If the divorce took place in an administrative manner, that is, through the registry office, then the spouse who aims to return the premarital surname has the opportunity to contact the regional registry office at the place of registration and apply for a change of surname.

In the case when the surname of the husband or wife was not considered during the formation of the statement of claim, and while there is a desire to return the family name, it is necessary to apply to the court, which made the decision to divorce and submit an application.

Article 235 of the Civil Procedure Code regulates the procedure for considering a separate proceeding. It is stipulated that the court decision on divorce specifies the choice of the surname of the spouse who changed the surname during the state registration of the divorce.

Considering the issue of divorce through the court, a decision is made, the operative part of which indicates the conclusion on the merits of the claims of the plaintiff – the spouse.

Thus, the proper solution to the issue of the surname that the spouse who changed it at the state registration of marriage wishes to have, depends on the indication of the relevant requirements in the submitted application or claim.

Thus, the decision of the court by the last name, which will be called the one of the spouses who changed it during the state registration of marriage, depends on the requirements in the submitted application or claim.

If the issue of the choice of a surname by a husband or wife was not the subject of a divorce litigation, this will lead to the need to reapply in order to make an additional decision on changing the surname.

Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.

If you have a need for consultation or paid services of a lawyer, then contact the messengers listed in the contacts section.

If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.

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Useful site materials advokat-family.com.ua:

1. Establishment of the regime of separate residence of spouses
2. Credit and divorce – How to divide debts after divorce
3. Divorce court fee
4. Choosing a surname after divorce
5. Persons who cannot be married to each other
6. Recognition of divorce as fictitious
7. The moment of termination of a marriage in the event of its dissolution
8. Termination of marriage due to its dissolution
9. Grounds for divorce through the court