Publication date: 10.06.2024
Change of surname after divorce: legal aspects and procedure
Introduction
Divorce is a complex process that involves many legal and personal issues. One of these issues is the change of surname after divorce. In Ukraine, the procedure for changing a surname is regulated by law, which defines the procedure and conditions for this process. In this article, we will consider the legal aspects and procedure for changing a surname after a divorce in Ukraine.
Legal regulation
The change of surname after divorce is regulated by several legal acts:
Family Code of Ukraine:
- Article 113 of the Family Code of Ukraine provides for the right of spouses to change their surname after divorce.
The Law of Ukraine "On State Registration of Civil Status Acts":
- Defines the procedure for registering a change of surname.
Civil Procedure Code of Ukraine:
- Establishes procedures for judicial review of cases related to the change of surname.
The procedure for changing the last name
Voluntary change of surname
After a divorce, each spouse has the right to return to his or her premarital surname or to keep the marriage surname. To do this, you must:
Submit an application to the state civil registry office (registry office):
- The application is submitted at the place of residence or at the place of registration of the divorce certificate.
- The application must specify the reasons for changing the surname and the desired new surname.
Provide the necessary documents:
- Passport of a citizen of Ukraine.
- Certificate of divorce.
- Birth certificate (if necessary).
- Identification code (if necessary).
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Payment of the state duty:
- The change of surname is accompanied by the payment of a state fee, the amount of which is determined by law.
Waiting for the decision of the registry office:
- After submitting an application, the registry office checks the documents provided and makes a decision on changing the surname.
- The application processing time usually takes up to three months.
Obtaining a new certificate:
- After the decision to change the surname is made, a new certificate of change of surname is issued.
Court procedure for changing the last name
If the civil registry office refuses to change the surname, the person may go to court:
Filing a statement of claim with the court:
- The statement of claim is filed with the local court at the applicant's place of residence.
- The application shall specify the circumstances of the case and the request to change the surname.
Court proceedings:
- The court considers the case in open court.
- The court may request additional evidence and explanations.
Decision-making by the court:
- If the claim is satisfied, the court decides to change the surname.
- The court decision is the basis for making changes to the civil status record.
