A Guide on Form A, what it is used for and how to complete it.
Form A – Notice of intention to proceed with an application for a financial order.
Form A is a type of form used in the divorce process which is used to apply to court for a financial settlement relating to divorce.
Form A is mainly used in two types of situations –
Agreement reached – When a couple have agreed to a financial settlement together then form A is sent to court along with a consent order and a D81 statement of information to request that the court review and approve the consent order.
Unable to agree - When a couple are unable to agree on a settlement then either you or your ex can decide to take the matter to court. This can be done by filing out and submitting form A which will lead to a series of court hearings to decide the case.
Before you apply to court, you should try to come to an agreement between yourselves and applying to court should be a last resort. You can do this by discussing with your ex and trying to reach an agreement together, attending mediation or by using solicitors. Obviously if you are unable to communicate with your ex (e.g., if there has been a history of domestic abuse in the relationship) applying to court may be easier and less stressful.
If you are able to reach an agreement then you will need to send off a completed form A, D81 statement of information and a consent order to court so the court can review and approve the order.
Consent order – A consent order is a type of order that sets out the financial agreements you make with your ex during a divorce, whatever is set out in your consent order is legally binding (if the court approves it).
D81 statement of information – A D81 is a form that will provide the court with information on your ex’s and your own financial situation.
If you are unable to come to an agreement either between yourselves or through mediation, then your next step would be applying to court.
Before you can apply to court however, you will need to attend a MIAM (mediation information and assessment meeting). There will be situations where you may be exempt from attending a MIAM such as –
There has been domestic abuse in the relationship
There are child safety concerns based on your ex’s behavior
You urgently need an order
You have previously attended a MIAM
If you attend a MIAM, you will need the mediator to fill out and sign part of form A to say you have attended. This is a legal requirement. You do not need to attend a MIAM if you have come to an agreement with your ex and are asking the court to review and approve the consent order. There is more information about mediation and MIAM’s on the last few pages of form A.
Click to download Form A
Notice of [intention to proceed with] a financial application
Since you are the one filling out the form you are the ‘Applicant’, so write your full name where is says ‘full name’. (For example, your full first name e.g., Daniel not ‘Dan’, any middle names and your surname.) Your ex would be the ‘Respondent’. So, write their full name where it says, ‘Full name of the respondent’. If another person is joined in the proceedings (e.g., if a married person owns a property with a parent) you would need to write the parents full name as well.
Read the questions and tick the boxes that apply to you. Since this is an application in relation to finances, you would tick the box for ‘in connection with matrimonial or civil partnership proceedings. Has the court granted you a decree nisi/conditional order ? If yes, tick yes and include a copy of the form with your application. If you don’t have a decree nisi or a conditional order, tick no. Has the court granted you a decree absolute/final order ? if yes, tick yes and include a copy of the form with your application. If you don’t have a decree absolute or final order, tick no. Tick the statement that applies e.g. if you are having a divorce tick divorce, if you are in a civil partnership tick dissolution. On the other side, the form is asking you what you are applying for, so tick what order(s) you to apply for if you are unsure what orders you need/want at this stage tick all of them. If you want to discharge an order (meaning to get rid of an order) tick the box of the order(s) you want to be discharged. Additional information required – if you managed to come to an agreement with your ex, you would tick this box and include a copy of the consent order.
Page 3 - Futher details of the financial application
Instructions for Page 3
If you have said you want a property adjustment order, you would write down the address of the property in the first box and the name and address of anyone who has a mortgage on that property (if relevant). If you are asking for periodical payments for the children, tick the relevant boxes that apply to the reasons for asking for periodical payments.
Page 5/6 – Service Details. This section is so the court known where to send documents. If you are being represented by a solicitor, you would write their name and the name of the firm they work at in the top 2 boxes and then write your solicitors firm address where it asks for your address. If you don’t have a solicitor, you would write your details instead. If you do not wish for your address to be known by your ex (the respondent) leave this part blank and complete from C8 confidential contact details and send this form off with your application. On the next page, write your ex’s (the respondents) solicitors’ details or their own details if they don’t have a solicitor in the boxes like you did for your details.
If you are not exempt from attending a MIAM, this Is where you would add your proof of attending a MIAM. Your mediator needs to fill out and sign Section 4B (page 12). If you are not exempt and have not yet attended a MIAM you can not continue with the application. Attending a MIAM is a legal requirement. If you are exempt from attending a MIAM you will need to complete section 3 (page 8). Tick the box(es) as to why you are exempt from attending the MIAM. If you are exempt due to a history of domestic abuse in the relationship, you will need to complete section 3A. Tick the boxes of what evidence you have of the domestic abuse. If you are exempt due to needing a order made urgently you will need to complete section 3B (page 10), tick the box that explains why you need an order made urgently.
If you are exempt due to previous MIAM attendance or you have already a MIAM exemption applied, you will need to fill out section 3C (page 11) and tick the relevant box. If you are exempt for any other reason you will need to fill out section 3D (page 11). Tick the relevant box that applies to you.
Mediator certifes that the prosepective applicant is exempt from attendance at Mediation information and assessment meeting (MIAM) or confirms MIAM attendence. This page is to be filled out by the mediator who carried out your MIAM. Your application can not be sent off without this.