I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form D36
Form Used To Apply For A Final Order

 

WHAT IS FORM D36 USED FOR?

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

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. 

Whether you are a sole applicant or a joint applicants you can apply for a final order 43 days (6 weeks and 1 day) after the court has granted your conditional order. The court will email the date from when you can apply for a final order. 

If you are the sole applicant and you do not apply for a final order, then your ex-partner (the respondent), can apply for a final order 90 days (3 months) after you COULD HAVE applied for a final order or 133 days (3 months + 6 weeks + 1 day) after the court has granted the conditional order. For the respondent to apply for a final order, they will need to complete form D11 and a court fee is payable. If your ex-partner applies for a final order then there will be a court hearing to establish why your ex-partner is making the application and not you. 

As the sole applicant, you can make an application using form D11 to the court to delay your ex-partner (the respondent) from applying for a final order. The main reason for this is if the division of your marital assets, finances and pensions has not been finalised with a court order. 

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

Please note if you and your ex-partner submitted a joint divorce application form D8 and a joint application for a conditional order but now you as applicant 1 wish to make a sole application for a final order you must use application form D36A

LINK TO OUR L.I.P HELP GUIDE FOR FORM D36A

If you or your ex-partner apply for a final order more than 12 months after the court granted your conditional order, 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 final order. 
  2. Whether you or your ex-partner have lived together since the conditional order was granted. You must provide dates of when you lived together. 
  3. Whether any children have been born since the conditional order was granted.

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 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 – contactdivorce@justice.gov.uk

You can phone the court for help on 0300 303 0642.  10am – 6pm on Monday – Friday.

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.

How you complete form D36 will depend upon how the divorce application form D8 was submitted.

SOLE APPLICANT – If you submitted your initial divorce application form D8 by yourself as a sole applicant you can apply for a final order using application form D36. The court will send you an email stating the date from when you can apply for a final order and whether you should apply for a final order by post or by online. How you can apply (by post or online) will depend upon whether you sent in your initial divorce application form D8 by post or online in the first place. If you intend to apply for a final order you must give your ex-partner (the respondent) 14 days notice and make sure they get a copy of your completed form D36 (this is called serving them). The court will require proof your ex-partner has been served a copy of your form D36. You can send the court a completed certificate of service form FP6.

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

JOINT APPLICANTS – If you and your ex-partner submitted you initial divorce application form D8 as joint applicants then the court will email you both from when you both can apply for a final order and whether you can send your forms in by post or online. You both must complete a form D36 each and send it to the court. It doesn’t matter which one of you applies first – you both need to apply. 

JOINT APPLICANT TURNED SOLE APPLICANT – If you and your ex-partner jointly submitted the initial divorce application form D8 and you both applied for a conditional order BUT NOW you are making a sole application for a final order then you must use application form D36A. You must send a copy to your ex-partner and give them 14 days notice that you are going to apply. You must prove to the court that you have served your ex-partner a copy of your form D36A by sending in a certificate of service form FP6.

METHOD OF SUBMISSION –  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 D36 or D36A  by post. If you applied online then you will submit your form D36 or D36A online.

IF YOU ARE SUBMITTING A HARDCOPY OF YOUR FORM D36 BY POST PLEASE  DO THE FOLLOWING –

  • NOTE 1 – If you find there is not enough space on your form D36 to complete your answers then please continue on additional sheets of paper and attach them to your form D36. 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 be informed, 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 D36b 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 for yourself outside of the copy you send to the court.
  • Form D36 is 4 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. You will need to write your name in the sole applicant/applicant 1 box. You will need to write your ex-partners name in the applicant 2 box if this is a joint application or in the respondents box if this is a sole application. 
  • Question 1 – will ask you if you are informing the court that this D36 application is being made more than 12 months after the conditional order was issued. If the answer is no then you can go straight to question 3. If the answer is yes then you will need to explain in the box provided in question 2 why this is the case.
  • Question 2 – as stated above if your application for a final order is being made more than 12 months after your conditional order was made then you will need to explain the reasons here.
  • Question 3 – is to be completed by a sole applicant only – you will be asked the date your conditional order was issued and you must write it in the box provided. The date of your conditional order will be on your conditional order certificate. You are asking the court to make your conditional order into a final order. You can now go straight to the statement of truth on page 3 and sign it.
  • Question 4 – is to be completed by joint applicants only –  you both will be asked the date your conditional order was issued and you must write it in the box provided. The date of your conditional order will be on your conditional order certificate. You both are asking the court to make your conditional order into a final order.
  • On page 3 is a statement of truth to be signed by the sole applicant or applicant 1 if this is a joint application.
  • On page 4 is a statement of truth to be signed by applicant 2 if this is a joint application
  • Please send your completed form to HMCTS Divorce and Dissolution Service, PO Box 13226, Harlow, CM20 9UG.

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

You can also submit your form D36 online if this is the method you started your divorce process.

WHEN WAS FORM D36 FIRST PUBLISHED AND LAST UPDATED?

Form D36 was first published by the government (HM Courts & Tribunals Service) on 31-07-2024 and last updated on 18-09-2024.