If you have just landed on this page, the chances are you are looking for help understanding what a form A for dismissal is.
You may not be able to find references to it in the rule book. That’s because it is more of a convention, adopted in some courts but not others.
You can download a form A here on the government website.
This page has been created to try to help you understand how to fill it in.
But, if in doubt, please don’t rely exclusively on the information provided here. It is a guide only and should not be used in place of taking proper legal advice.
If you need help, or aren’t sure whether the form has been filled in properly, please do use a solicitor to do it for you.
Legal terminology isn’t always user friendly. Even small mistakes can create delays. Those delays add to stress and, if you are waiting to sell a house, the knock on effect may be more expensive than asking a lawyer to help you.
If you want help with your application forms for a consent order, you can contact us using the form below.
At least one party has to apply for a consent order, for the court to make one.
Applications can be (and often are) made in the petition. In those circumstances, some courts will not insist on a separate form A. Other courts will.
But if no application is made in the petition, a form A should always be filed.
The form A is used for both contested applications for a financial order and for consent orders. However, the process that is begun is very different if it is an application for a consent order to that for a contested application.
To avoid confusion some courts ask for the words “for dismissal only” to be written on the form A when the application is for a consent order, in particular when the only orders being requested are clean break orders.
Please note that not all courts have this policy.
The petitioner in a divorce has the option to apply for a financial order in the divorce petition by ticking the relevant boxes.
This will not trigger a further court process by itself.
When one party (or both) wants the court to make a financial order, whether this is an application for a consent order or not, a form A will usually need to be filed as well.
In the Nature of Application section on the form A, the middle box should only be selected where the applicant is sure that the petition contained an application for an order.
Otherwise, if the application was not made in the petition, the top box should be selected.
A property adjustment order alters the ownership of land or any property that is on the land.
A transfer of property order and a declaration of trust are both examples of property adjustment.
If you have agreed a property adjustment order in your consent order, the address of the property must be added here.
If there is a mortgage secured against the property, you also need to add the details to the form.
There are restrictions on the type of child maintenance order the court can make and when.
If your consent order includes a child maintenance order this section must be completed to confirm the reason that the court can make the order.
The reason most likely to be used in a consent order application, is that the amount of child support has been agreed and there is a written agreement.
Details of your children will only be recorded here if they are mentioned in the consent order itself, for example if a child periodical payments order (maintenance) has been made.
There isn’t a specific box on the form A for the applicant to write his/her address.
The court should already have the address on file unless you have moved since the divorce itself was issued.
If you are not sure whether the court has up to date details for the applicant, you can put it in the covering letter when you send your application in to the court.
No you do not.
You do not need to attend mediation and you do not need to complete sections 2-4 on the form A, when you are submitting a consent order.
Even if you have been to mediation this section does not need to be filled in or signed by a mediator if you are submitting a consent order.
As both parties are asking the court to make a consent order, some courts (but not all) will insist on both parties filing an application form.
The courts will also often ask for the words “for dismissal only” to be written on at least one form A.
If the only orders being requested are clean break orders, some courts will ask for “for dismissal only” to be written on both form As.
Please note that policy differs from court to court around the country.
If you are unsure of the preference at your court we recommend that you telephone the court office to ask or use a solicitor to file the application for you.
155 total views, 4 views today