Start financial proceedings
On divorce, in most cases it is advisable to obtain a Financial Remedy Order from the Family Court that sets out an agreed financial settlement.
If you cannot reach an agreement, and mediation has failed then it may be necessary to make an application to court about the financial arrangements that need to be made.
Form A is the application form which is used by the applicant, applying for a financial remedy in the Family Court.
The Form A can be applied for online or on paper. The latest guidance indicates that online applications are likely to become mandatory in the near future.
Filling out the Form A
The applicant will be asked to provide information about the following:
What financial orders are being sought.
The stage in the divorce proceedings reached. As the Family Court only has the ability to make a financial order on or following the decree nisi or the conditional order. Although an application can be made prior to this stage provided divorce proceedings have been issued.
Contact details of the separating couple and/ or their legal representatives.
Information about the MIAM.
The court fee for applying for a divorce financial order is payable on filing the Form A, the current court fee is £275.
Does the Form A need to be sent to the mortgagee?
If you are applying for the financial order then you must consider whether any other parties need to be told about the application. E.g.,, if there is a mortgage then you must send a letter to the mortgagee serving the Form A. You may also ask if the mortgage lender would agree to the transfer of the mortgage into your sole name. Also, if a pension sharing order is being applied for then the pension provider will also need to be served with the Form A.
What happens after the Form A is sent to court?
The court will then list your application for a First Appointment, this is the name given to the first court hearing in financial remedy proceedings. The first appointment should be listed for a date not less than 12 weeks and not more than 16 weeks from the date the Form A is filed.
At the first appointment, the judge will consider what information it needs from each of you and they will then direct you or the solicitors to produce the evidence required. For example, if you do not agree on the valuation of the family home then the judge may order that it is valued before the second court hearing.