How to apply for a final order of divorce

The final order is the second and final order in the divorce process. This changes your marital status from married to unmarried.

When can I apply for the final divorce order?

If you are the sole applicant or a joint applicant, you can apply for the final order when 6 weeks have elapsed since the conditional order was made. This means the first day you can apply is the day after the six week period of reflection ends.

How to apply by post

The application form for a postal application if you are:

• a sole applicant; or
• joint applicants applying together

is form D36 (opens in a new window).

Making the application online

If you applied for the divorce and for the conditional order online, you will make the application for the final order online as well.

What happens if the other joint applicant doesn’t want to apply for the final order?

Both joint applicants must apply for the final order. If one does not want to proceed, there is an option to switch to a sole application.

The procedure depends whether you have applied for the divorce online or by post.

Online applications

When the first joint applicant applies for the final order, the court service will notify the other joint applicant by email.

The other joint applicant has 14 days to submit their application as well. If they don’t, the first joint applicant can switch to a sole applicant.

The procedure to make the switch is explained in this HMCTS guide (link opens in a new window).

The court service will then review the sole application (usually within 1-2 working days) and if it is granted you will receive a notification within 2 working days.

Application by post

Where one joint applicant will not sign the application for a final order of divorce, the application is made by a single joint applicant using form D36A instead of form D36.

Before sending the D36A to the court service, you must notify the other joint applicant that you intend to do so. This is called serving notice.

You must make sure that the other applicant knows that you intend to send off your application least 14 days before you send in the form.

You can use one of the following methods of service:

• first class post; or
• personal delivery

Email service is not likely to be permissible in postal applications, unless you have proof that the other applicant will accept service by email.

If you use first class post, you must add 2 days to the 14 day notice period for the notice to arrive before sending the D36A to the court.

If you use personal delivery, you must add 1 day.

Saturday, Sunday and bank holidays do not count for the purposes of calculating the added days.

You also need to send the court a certificate of service to confirm how and when  you have served the notice.

How does a respondent apply for a final order of divorce

If you are the respondent, you will need to wait for the initial 6 weeks plus a further period of 3 months before you can apply. Again, you can only send the application in the day after this time has expired.

The application is made using form D11.

We are working on a separate guide for this type of application.

 

Court fees

Court fees are payable when you start a divorce.

There is a separate fee if you have to make another application as part of your divorce.

For example, if you need to apply for deemed service, you will pay an extra fee on top of the original court fee.

A fee is also payable for an order dividing your assets or making a clean break.

Help paying the court fee

If you are on a low income

• you may be eligible to pay a discounted court fee; or
• fully exempt.

Court Fee refunds

If you have paid a court fee within the last 3 months and were eligible at the time for exemption or to pay a discounted fee, you may be able to apply for a refund.

How much is the court fee?

The table below shows the most common court fees in connection with divorce.

You can find out more about fee exemption and apply for help with the court fee here.