Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a marriage is annulled rather than dissolved, the law treats it as if it never legally existed. Reaching that point involves two stages: a conditional order, then a final order that actually ends the marriage in the eyes of the law.
Form D36N is the court application you use to move from the conditional stage to the final stage, turning a provisional ruling into a binding legal outcome. The process sounds simple on paper but trips people up more often than you might expect, particularly around timing windows, what needs to be declared on the statement of truth, and which court address to use.
This page walks through how the application works, what to include, and the pitfalls worth knowing about before you send anything off.
What this document is
A nullity order is the court's formal declaration that a marriage was never valid, or was voidable on specific legal grounds. It differs from a divorce, which ends a marriage that was lawful to begin with. In England and Wales, obtaining a nullity order happens in two stages.
First, the court issues a conditional order once it accepts the grounds for annulment. Then, after a set waiting period, the applicant asks the court to make that order final. Form D36N is the document used to make that second application.
Once the final order is granted, the marriage is legally treated as though it had never taken place, which has knock-on effects for property, finances, and future marital status. The form itself is relatively short, but it must be filed correctly, supported by a statement of truth, and sent to the right court office.
Missing the deadline or filing at the wrong venue can delay matters considerably, so it pays to get the basics right the first time.
How to use this document
Check your conditional order date. Before filing Form D36N, confirm when the conditional order was granted. You generally need to wait at least six weeks and one day from that date before the final order can be applied for. Filing too early will mean the court returns your application.
Stay within the 12-month window. The application for the final order should be made within twelve months of the conditional order being issued. If more time has passed, you can still apply but you will need to explain to the court why the delay occurred and provide a witness statement setting out the reasons.
Complete Form D36N accurately. Fill in the form with your case number, full names, and the date the conditional order was made. Double-check spellings and dates against the conditional order itself, because inconsistencies can hold up processing while the court queries the paperwork.
Sign the statement of truth. The form requires a signed statement of truth confirming the information provided is accurate. If you have a legal representative acting for you, they may sign on your behalf. Submitting a false statement is a serious matter and can lead to contempt of court proceedings.
File with the correct court. Applications are usually sent to the Bury St Edmunds Divorce Centre or the court handling your case, depending on when proceedings started. Check your conditional order paperwork for the correct filing address, and pay the relevant court fee or apply for fee remission if eligible. Check gov.uk for the current fee amount.
Q What is the difference between nullity and divorce?
Divorce ends a marriage that was legally valid when it took place. A nullity order declares that the marriage was either void from the outset or voidable for specific legal reasons, such as one party being under the legal age or already married to someone else. The legal and financial consequences can differ, so the choice between the two routes matters and is not interchangeable.
Q How long after the conditional order can I apply for the final order?
You must wait at least six weeks and one day from the date the conditional order was made before applying for the final order. The application should ideally be made within twelve months of the conditional order. If you file outside that window, the court may ask for a witness statement explaining the delay before deciding whether to grant the final order.
Q Do I need a solicitor to file Form D36N?
No, you can file Form D36N yourself as a litigant in person. Many people do handle the final order stage without legal representation, especially when the nullity has been uncontested. That said, if the case has been complicated or involves financial disputes, having someone experienced look over your paperwork before filing can help you avoid delays and missed steps.
Q What happens if the other party objects?
If the respondent raises objections, the court may require a hearing before granting the final order. Objections at this stage are relatively uncommon because the substantive issues have usually been resolved when the conditional order was made. However, issues around financial remedies or procedural points can still arise and may need to be addressed before the final order is granted.
Q Will a nullity order affect my financial claims?
Yes, the timing of the final order can affect financial remedy applications. In many cases, it is sensible to resolve finances before the final order is made, because pension rights and certain other entitlements can be affected once the marriage is legally annulled. Getting clarity on this before filing Form D36N can prevent avoidable problems later.
Q Where do I send the completed Form D36N?
Applications are typically sent to the court handling your case. For many online and paper cases, this is the Bury St Edmunds Regional Divorce Centre, but the correct address may differ depending on when and where proceedings were started. The address should be shown on your conditional order documents, so check those before posting anything.
Q Is the marriage automatically annulled once I file Form D36N?
No, filing the form is a request, not an automatic outcome. The court reviews the application and, assuming everything is in order, issues the final order of nullity. Only once that final order is made does the marriage become legally annulled. Until then, you remain legally married in the eyes of the law.
Unsure about the next step with your nullity application?
Finalising a nullity order involves timing rules and paperwork that can easily trip people up, especially when the twelve-month window is close or finances are still unresolved. An experienced legal adviser can talk through the process with you and give practical perspective on your specific situation based on what you describe on the call.
✓Plain-English answers to your specific questions about Form D36N
✓Practical perspective on timing and what to watch out for in your case
✓Help thinking through how finances and the final order interact
✓Clarity on your next steps based on what you describe
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
