I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form D36
Form Used To Apply For A Decree Absolute

 

WHAT IS FORM D36 USED FOR?

Form D36 is used to apply to the court to make a decree nisi into a decree absolute. A decree absolute is a legal document/final court order that says your marriage has ended.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D36?

There are no specific government guides to help complete form D36 at present. 

You can read our own L.I.P Help Guide ‘The Process For Applying For A Decree Absolute’. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘THE PROCESS FOR APPLYING FOR A DECREE ABSOLUTE’

WHAT IS THE FEE TO SEND FORM D36 TO THE COURT AND HOW TO PAY FOR IT?

This form is free to send to the court.

HOW TO COMPLETE FORM D36 AND WHERE TO SEND IT.

  • Form D36 is 1 page long.
  • 43 days (6 weeks and 1 day) after the court has granted your decree nisi certificate, you can, if you are the applicant, apply to the court for a decree absolute certificate.
  • If you, the applicant, does not apply for a decree absolute, then your ex-partner, the respondent, can apply for a decree absolute 90 days (3 months) after you COULD HAVE applied for a decree absolute or 133 days (3 months + 6 weeks + 1 day) after the court has granted the decree nisi. For the respondent to apply for a decree absolute, they will need to complete form D11. A court fee is payable here. However, if you are on a low income or on certain benefits, you can get help with the fees by completing form EX160. If your ex-partner, the respondent is applying for a decree absolute, then a hearing will take place to establish why your ex-partner is making the application and not you.

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

  • As the applicant, you can make an application using form D11 to the court to stop your ex-partner from applying for a decree absolute. The main reason for this is if the financial settlement has not taken place.
  • If you or your ex-partner apply for a decree absolute certificate more than 12 months after the court granted your decree nisi, you or your ex-partner must attach a written statement with the application form 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.
  • Before making an application for a decree absolute, please make sure all financial agreements, orders, and pension divisions are in place and have been agreed by the court.

WHERE CAN YOU FIND FORM D36/DOWNLOAD THIS FORM?

Please click on the link below to access form D36 from the government website. Complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D36

WHEN WAS FORM D36 FIRST PUBLISHED AND LAST UPDATED?

Form D36 was first published by the government (HM Courts & Tribunals Service) on 01-11-2014 and last updated 17-07-2018.