How to apply for a final order of divorce

When the applicant sends the final order application to the court, the court should process and pronounce it the same day, though it usually takes two-to-three weeks for you to receive the legal document that will dissolve your marriage. Spouses are only legally divorced once the final order has been pronounced.

If more than a year has passed since the pronouncement of the conditional order, the application is slightly more involved.

In most cases, either spouse can apply for the final order of divorce once the court has issued the conditional order. Under the Divorce, Dissolution and Separation Act 2020, both parties can now jointly apply for divorce. Prior to the Act, it was a requirement to petition for divorce. This update means that either party could apply for the final divorce order if they initiated the divorce as a sole applicant or jointly if both parties applied for the divorce together.

If the applicant for the divorce does not apply for the final order, the respondent can apply for it. However, the respondent must wait three months after the date that the applicant was able to make the application for the final divorce order.

There are several reasons why the applicant might want to delay applying for a final order:

• Outstanding financial agreements

If discussions around assets and how they will be divided after divorce are ongoing, it can mean the applicant is unwilling to finalise the divorce until everything is settled.

• The couple needs a religious divorce before they can arrange a civil divorce

Where the parties also want a religious divorce that requires cooperation to obtain – for example, a get among Jewish couples – then it is possible to ask the court to order that the final order cannot be pronounced until both parties have declared that they have taken the necessary steps to obtain such a religious divorce. A specific application can be made for this under Section 10A(2) of the Matrimonial Causes Act 1973.

• One spouse dies before the divorce proceedings are finalised

If a party dies unexpectedly and the final divorce order has been pronounced but there is no financial remedy order in place, benefits may be lost. Examples of these benefits include a state widow/widower’s pension and bereavement allowance, as well as death benefits to be paid to a widow or widower.

These are the steps to take to get the final order:

1. Once the conditional order has been pronounced, the applicant (the person who has initiated the divorce) must wait a minimum of 43 days (six weeks and one day) before asking the court for the final order of divorce. This is considered a ‘cooling-off period’.
2. To apply for a final order, a D36 form must be completed, including the name of the court, your case number, the name of the applicant(s) and the respondent’s name.
3. The application form then needs to be lodged with the court.

When the application is approved, you will be issued your final order.

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If you need advice about applying for a final order of divorce, call our expert team today on 0330 056 3171 or request a call back.

In most cases, there is no additional cost for applying for a final order itself if you have already paid the initial divorce application fee. As of 2024, the fee for filing for divorce in England and Wales is £593, which covers the entire process from the initial application to the final divorce order. This fee applies whether you are applying for the divorce as a sole applicant or jointly with your spouse.

However, additional costs may be incurred if you require legal advice or representation during the process, especially if there are disputes over finances, children or other matters. Legal fees can vary significantly depending on the complexity of your case, the solicitor’s rates and the duration of the proceedings.

You may also qualify for help with the divorce fees if you are on a low income or receive certain benefits. To check if you are eligible for financial assistance with court fees, you can visit the government’s official page on court fee reductions and apply for help using the appropriate forms.

You can get a replacement final order by contacting the court that issued the original, which you can identify here. The copy of your final order will cost £10 if you can provide your case number or £45 if you can’t.

A copy of your final order can be requested via email or post, which must include your name, the case number, your address and how you would like to pay. A cheque or postal order must be payable to HM Courts & Tribunals Service.  You can also pay by card, in which case you will need to provide a phone number in your letter or email, for the courts to call you on.

In the event that you don’t know which court issued the original, the fee will be £65 and you will need to fill in form D440 and send it to the address on the form.

If you were married in the UK but chose to get divorced overseas a year or more after leaving the UK, you will receive that country’s equivalent of a final order but you should still make the family courts of England and Wales aware when your divorce has been granted.

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