Form D36A

WHAT IS FORM D36A USED FOR?

Form D36A is used to apply for a final order when the following situation arises – if you and your ex-partner jointly submitted the divorce application form D8 and jointly applied for a conditional order BUT now at this stage for whatever reason you cannot continue together then either of you can make an application for a final order by yourself as a sole applicant. 

Either of you an apply for a final order 43 days (6 weeks and 1 day) after the court has issued you conditional order. The court will email you both from when you can apply for a final order.

Whether it is you or your ex-partner submitting form D36A for a final order, a copy must be sent (serve) to the other and they must be given 14 days notice that an application is going to be made. The court must be given proof this has happened and this can be done by sending the court a completed certificate of service form FP6. This form will give details to the court how the other ex-partner was served.

LINK TO OUR L.I.P HELP GUIDE FOR FORM FP6

If the other ex-partner disagrees with the final order application (perhaps because the financial settlement proceedings have not concluded yet) they can make an application to the court to delay the final order. They can do this using form D11.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11

If you or your ex-partner apply for final order more than 12 months after the court granted your conditional order, you or your ex-partner must explain in the box provided on your form D36A explaining – 

1. Why it has taken so long to apply for a decree absolute. 
2. Whether you or your ex-partner have lived together since the decree nisi was granted. You must provide dates of when you lived together. 
3. Whether any children have been born since the decree nisi was granted.

PLEASE READ THE FOLLOWING 3 NOTES FOR YOUR KNOWLEDGE –   

• NOTE 1 – A final order is a legal document issued by the family court that says your marriage has ended.
• NOTE 2– The normal form used to apply for a final order is form D36 when the application is being made by a sole applicant or by joint applicants. 

LINK TO OUR HELP GUIDE FOR FORM D36

• NOTE 3 – If possible before you or your ex-partner apply for a final order, please make sure all financial agreements, court orders, and pension divisions are in place and have been agreed by the court. This is not set is stone but it is advisable because some marital assets such as pension and trust funds are only transferrable to an existing spouse. 

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D36A?

There are no specific government guides to help complete form D36A at present. 

You can read our own L.I.P Help Guide ‘The Process Of Applying For A Final Order’. 

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A FINAL ORDER

You can also email the court for help – divorcecase@justice.gov.uk

You can phone the court for help on 0300 303 0642.  8am – 6pm on Monday – Friday and 8am – 2pm on Saturday.

WHAT IS THE FEE TO SEND FORM D36A TO THE COURT AND HOW TO PAY FOR IT?

This form is free to send to the court.

HOW TO COMPLETE FORM D36A AND WHERE TO SEND IT

Whether you apply for a final order online or by post will depend upon which method you submitted your divorce application form D8 in the first place. If you applied by post then you will submit your form D36A  by post. If you applied online then you will submit your form D36A online.

IF YOU ARE SUBMITTING A HARDCOPY OF YOUR FORM D36A BY POST PLEASE  DO THE FOLLOWING –

• NOTE 1 – If you find there is not enough space on your form D36A to complete your answers then please continue on additional sheets of paper and attach them to your form D36A. Please remember to write your full name, date of birth, divorce case number and question/section number on the top of your additional sheets.
• NOTE 2 – The words ‘to serve your ex-partner or other party‘ means they must receive the relevant divorce applications/court papers that require them to respond, comply with directions or attend court. 
• NOTE 3 – The words to ‘to file at court‘ means submitting an court application form, evidence, statement or any other document to the court.
• NOTE 4 – You can complete form D36A online the print a hardcopy. Alternatively you can download the form, print it and complete it by black pen.
• NOTE 5 – Please remember to keep a copy of your form D36A for yourself outside of the copy you send to the court.
• Form D36A is 2 pages long
• On page 1 at the top you will be asked to write down your divorce case number and yours and your ex-partners full names. The box in which you write the names will depend whether up to now which one of you was applicant 1 and which one of you was applicant 2.
• Part 1 – will ask you if you are informing the court that this D36A application is being made more than 12 months after the conditional order was issued. If the answer is yes then you will need to explain in the box provided why this is the case.
• Part 2 is asking you who is proceeding with this application as a sole application – is it applicant 1 or 2. You must tick the relevant box. You must write the date the conditional order was issued in the box provided.  
• Part 3 is asking you whether you have sent the court (filed) a certificate of service form FP6 confirming that you have sent a copy of your form D36A to your ex-partner and given them 14 days notice. You must tick the relevant box.
• Part 4 is a statement of truth to be signed by the person submitting this form.
• Please send your completed form to HMCTS Divorce and Dissolution Service, PO Box 13226, Harlow, CM20 9UG.

WHERE CAN YOU FIND FORM D36A/DOWNLOAD THIS FORM?

Please click on the link below to access form D36A from the government website. Complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D36A

You can also submit your form D36A online if this is the method you started your divorce process.

WHEN WAS FORM D36A FIRST PUBLISHED AND LAST UPDATED?

Form D36A was first published by the government (HM Courts & Tribunals Service) on 18-05-2022