In a nutshell, Form A is the form that needs to be filled in to apply for a financial remedy in a divorce. It ‘s a standard court form and can be downloaded from the court website here.
This is what it looks like. Its official title is a notice of (intention to proceed with) an application for a financial order.
Is there a separate form A for a financial remedy order by consent (a consent order)?
The same form is used whether you are applying for an order by consent or not.
Form A and MIAM
Over the years the Form A has evolved from a single page form to a 10 page form. This is because all applicants for a financial remedy on divorce now need to attend a MIAM (mediation information and assessment meeting) unless they are either:
- exempt; or
- the terms of their application and the order being sought are agreed (this is known as an application for a consent order).
The extra pages now contain numerous questions about mediation or the reasons you are exempt from the requirement to attend a MIAM, such as being in a violent relationship.
MIAM and consent orders
If you are submitting a consent order you do not need to qualify for any exemption from a MIAM. MIAMs are only mandatory when you are applying for a financial remedy that is not by consent.
There is a box to tick on the form A to confirm that you are applying for a consent order. You do not need to complete the other questions about mediation – although the wording on the form suggests that you do.
Applicant, petitioner and respondent – who’s who in an application for a financial remedy on divorce?
In every application to court there must be a person/organisation making the application and one on the receiving end of it.
In divorce related applications (such as applying for a financial remedy) it is invariably a person making the application not an organisation or company. That person is usually called the applicant.
An exception to this is when the divorce petition is filled in. In this form the person applying for the divorce is called the petitioner.
The person on the receiving end of either the petition or the Form A application is called the respondent.
Now it gets more confusing…..
If the person who was the petitioner in the divorce then decides to apply for a financial remedy order he or she is referred to as applicant on the form A.
If the person who was the respondent in the divorce decides to apply for a financial remedy order, he or she is referred to as the applicant on the form A; the petitioner in the divorce is then the respondent on the form A.
But what if you are applying for a consent order? Aren’t you both applicants?
Yes. But the form A in its current format doesn’t cater for this. Often the court service will ask for a form A for dismissal purposes. I’ve done a separate article on this which you can find here.
Consent order service
My consent order service includes completion of all forms you need to submit your consent order to court. You must be completely agreed on terms in order to use this service.
A straightforward order with supporting documents costs £180 plus the court fee (presently £50).
There are no hidden extras. Consultations (entirely optional) cost £180 per hour pro rata.
For more details please use the form below to contact me.