Finances On Divorce Or Dissolution: When Do I Need To Issue A Form A And What Happens Next? Q&A

• Published date: 22 June 2023
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Family Law, Arbitration & Dispute Resolution, Divorce
• Law Firm: Weightmans
• Author: Weightmans &nbsp

A Form A, also known as a Notice of intention to proceed with a financial application, is the form which needs to be completed when you are applying...

What is Form A?

A Form A, also known as a Notice of intention to proceed with a financial application, is the form which needs to be completed when you are applying for a financial order after your marriage or civil partnership has broken down.

A financial order can include applications for the following:

• an order for maintenance pending suit (interim maintenance)
• lump sum order
• property adjustment order
• a settlement or transfer of property for the benefit of the child(ren)
• periodical payments order
• pension sharing order
• pension compensation order.

When do I need to issue a Form A?

If you are not able to reach an agreement by consent or using alternative dispute resolution, such as mediation, either you or your spouse can make a formal application to the court for a financial order by filing a Form A.

You need to attend a Mediation Information and Assessment Meeting (MIAM) before proceedings can be issued. There are exemptions to the requirement to attend a MIAM, for example if the marriage or civil partnership has an element of domestic abuse.

How do I complete a Form A?

A Form A can be obtained from gov.uk website. You can complete a Form A yourself, but we would recommend seeking legal advice to ensure the form is completed correctly.
In short, the following steps are required for completed of Form A:

1. Obtain a copy of blank Form A

2. Collect the information you need for the Form A

3. Answer all sections that apply to you

a. First and second page require you to confirm the parties' names and what orders you are applying for.
b. Section 1 requires all background information such as

(i) the address and mortgagee details of all the properties owned by you and your spouse
(ii) relevant details regarding the children, if appropriate,
(iii) both parties contact details or their legal representatives details.

c. Sections 2 - 4 requires confirmation as to whether MIAM was attended and if not, mark the relevant exemptions.
d. Section 5 requires the form to be signed and dated.

4. Check that your contact details are correct. If you want to keep your contact details confidential from the other side, record these in a separate Form C8 and do not include in Form A.

5. Send 3 copies of the form with the correct court fee to the same divorce centre that is dealing with or has dealt with your divorce. Court...