A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Consent order - Form A and D81

  • Dgth4
  • Dgth4's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
5 years 8 months ago #444142 by Dgth4
Consent order - Form A and D81 was created by Dgth4
Hi all,

I am now starting the court paper work for the Consent order.
I would like some clarification on some of the documents I need to complete as it is a bit confusing and it seems that the forms to complete changed recently (therefore old advice and my “DIY Divorce” book are not of help…)

1) Which form to I need to fill?
I believe I need to complete 2 forms:
- Form A (updated in April 2014): hmctsformfinder.justice.gov.uk/HMCTS/Get...?court_forms_id=2655
- Document D81: hmctsformfinder.justice.gov.uk/HMCTS/Get...?court_forms_id=1116
Could you confirm that those are the only 2 forms I need to provide, in addition to the consent order drafted by my solicitor?

In the new Form A , I am very confused on how to complete it for the purpose of a consent order and I have several questions:

2) The first section “Nature of application”, which box should I tick?
[ ]to apply to the court for:
[ ]to proceed with the [application] [answer] for:
[ ]to apply to vary:
I don’t understand the difference and which is relevant for our case (i.e. a simple consent order). Could you help?

3) Still in the first section “Nature of application”, what is “a secured provision order”?

4) In the section “Requirement to attend a mediation , Information and Assessment Meeting (MIAM)”, I am utterly confused…
In the initial paragraph, they say that “you must have attended a MIAM before making the application unless the requirement to attend a MIAM does not apply because the financial order you are applying for:
o Is a consent order; or
o You are exempt from the requirements to attend a MIAM”

As we are applying for a consent order , we therefore don’t need to attend a MIAM.
So, to the question “2a. are you claiming exemption from the requirement to attend a MIAM”, I ticked YES but then in section 3, there is not “because you are applying for a consent order” option.
I believe there is nowhere an option to select this as the reason for the exemption but maybe I am missing it…
What should I do?

Many thanks in advance for your help – all your advices have been crucial at different stage of this process.

Please Log in or Create an account to join the conversation.

  • rongd71
  • rongd71's Avatar
  • Fresh Boarder
  • Fresh Boarder
More
5 years 8 months ago #445062 by rongd71
Replied by rongd71 on topic Re:Consent order - Form A and D81
I used the old Form A (pre-April 2014) for my divorce, so this may not be current.

I believe both you and your spouse include a Form A and write ''For dismissal purposes only'' on the top of it. You each fill one out and include with the consent order . I have read that only one person (the applicant) fills this out, but myself and my ex-partner filled out one each and it was not rejected. We did this because it looked like we both had to dismiss the application for a financial order.

"2) The first section “Nature of application”, which box should I tick?"

I ticked the first box and then checked all the options, including ''a secured provision order''. This is because you are dismissing all financial orders and proposing your consent order instead.

I would tick the option about the consent order (which looks new) and leave all others (apart from the signature).

I am not a solicitor, so it would be interesting to get some other feedback on this.

Please Log in or Create an account to join the conversation.

  • Dgth4
  • Dgth4's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
5 years 4 months ago #453674 by Dgth4
Replied by Dgth4 on topic Re:Consent order - Form A and D81
Hi all

Thanks Rongd71 for the answers.
However, the form A has been updated (last update is from January 2015!) and seems to be very different from the previous form apparently.

I am still not sure how to complete Form A , especially for the following sections:

- “Nature of application”
- “Requirement to attend a mediation , Information and Assessment Meeting (MIAM)”

Also, I have read confusing directions on how many Form A are required to be complete.
I believe I need to complete only 1 form as the applicant - but I also read that we each need to complete one - for the applicant and one for the respondent. But this doesn''t seems to make sense based on the boxes to fill on the Form A .
I don''t know what we should do...

Could you please share your advises on this?

Many thanks - it is much appreciated.

Please Log in or Create an account to join the conversation.

  • Dgth4
  • Dgth4's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
5 years 3 months ago #456243 by Dgth4
Replied by Dgth4 on topic Re:Consent order - Form A and D81
I finally found the answers to my questions (via my solicitor) so I though I would put it on the site in case it is useful for someone.

1) for the court, the following forms are requested if it is a consent order:
•One copy of the Form A completed and signed by the applicant
•One copy of the Form A completed and signed by the respondent
You should also on both Forms A write “FOR DISMISSAL PURPOSES ONLY” at the top underneath the title that says “Notice of intention to proceed with an application for a financial remedy”. This just confirms that you do not want to issue full proceedings but that your are only filing the application so that a Consent Order can be lodged.
•Three copies of the Statement of Information Form D81 countersigned by both parties
•Three copies of the Applicant’s and Respondent''s proposed Consent Order signed by both parties
•Cheque for the fees

2/3)In the first section “Nature of application”, I should tick:
[ ]to apply to the court for
+ all the options underneath
as rongd71 suggested (thanks!)

4)In the section “Requirement to attend a mediation , Information and Assessment Meeting (MIAM)”, as it is a consent order , there is nothing to tick. Just ignore this section and go to the signature page.


Hope this would help others.
All the best!

Please Log in or Create an account to join the conversation.

  • mrbishman
  • mrbishman's Avatar
  • Junior Boarder
  • Junior Boarder
More
7 months 2 weeks ago #509916 by mrbishman
Replied by mrbishman on topic Re:Consent order - Form A and D81
Thank you for this - it's so useful!
Can I ask one question... when the respondent is filling in the Form A (which will be my wife), does she put herself as the respondent or the applicant?
I know that overall I'm the applicant, but wondered if she needed to fill in the form, as the applicant so they cancel each other out?

Many thanks!

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11