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Wednesday, 3 October 2023

Getting a final order to end your civil partnership

Getting a ‘final order’ is the last step in dissolving a civil partnership. Once it’s been given to you by the court, your civil partnership is legally over. Find out what you need to do to apply for a final order.

Before you can apply for a final order

Once you have the final order, your civil partnership is over

The final order is the last stage of the legal process that ends your civil partnership. Once you have this, your civil partnership is over. You will be free to enter into another civil partnership if you wish.

Before you can apply for a final order, you must already have already got a conditional order from the court.

You can find out how to get a conditional order by following the link below.

Applying for a final order

To apply for a final order, you need to complete a form D36 - ‘Notice of application for conditional order to be made final’. You can get this from the court that dealt with your conditional order or you can download it by following the link below.

Applying for a final order costs £45. If you’re on a low income or benefits, you may be able to get help paying for it. Follow the link 'Court Fees - Do you have to pay them?' below to see if you qualify.

Returning your application to court

Once you’ve filled out the form D36, you need to return it to the court. This will usually be the same court that dealt with your conditional order.

Remember that not every court deals with ending civil partnerships – make sure you’re sending it to the court that’s dealing with your dissolution. You can find your local court using the link below.

If you started the dissolution

You can submit the form to the court and ask for a final order – but you must wait until six weeks after the day your conditional order was made.

If you didn't start the dissolution

If you didn’t start the dissolution but want to apply for the final order, you have to wait an additional three months.

This means that the earliest you can apply for a final order is three months, six weeks and a day after the day your conditional order was made.

If you apply more than 12 months after getting a conditional order

It’s easier to get a final order if you apply within 12 months of the conditional order

It’s easier to get a final order if you apply within 12 months of the conditional order.

If you leave it any later, you will have to tell the court:

  • why the delay happened
  • if you’ve lived with your civil partner since getting the conditional order
  • if any more children that are part of the family have been born

You will need to check with the court to see if it needs any other information.

Getting a final order

Once the court has your completed form D36, it will check that there are no reasons why the civil partnership cannot be ‘dissolved’ (ended).

For example, the court will check that you’ve given it all the details it has asked for within the right time limits. Also, if you have children, that their needs have been taken into account. You won’t need to attend court for this.

If the court is happy with all the information it has, it will send you and your civil partner a final order (also known as a Form D537).

This means your civil partnership has ended and you can now enter into another civil partnership if you wish.

You must keep your final order safe. You will need to show it if you enter into another civil partnership or marriage. You may also need it to prove your status for any other reason, like claiming benefits or a pension.

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