What is Form A in Divorce Proceedings?

‘Form A’, formally called a ‘Notice of Intention to Proceed with a Financial Application’, is the official court form used to apply for a divorce financial order in a divorce or civil partnership dissolution. In other words, it is the first step if you and your ex-spouse cannot agree on how to divide finances, such as money, property, pensions, or maintenance, and you need the court to make a decision on your behalf. 

By submitting Form A, you are asking the court to make a legally binding financial order on the division of your marital assets. The judge deciding on your case may issue one or more of the following types of court order: 

• Maintenance pending suit (interim maintenance) 

• Lump sum order 

• Property adjustment order (for example, transferring ownership of a home) 

• Settlement or transfer of property for the benefit of children 

• Periodical payments order (ongoing maintenance) 

• Pension sharing order 

• Pension compensation order 

Before making a Form A application, the courts will expect you to first try to resolve your financial matters through mediation or another form of non-court dispute resolution. Since 2014, most applicants must attend a Mediation Information and Assessment Meeting (MIAM) before beginning court proceedings, unless an exemption applies. A MIAM is an appointment attended by both parties at which an expert mediator will assess whether mediation is appropriate or not. 

How to complete a Form A 

While you can complete Form A yourself, it is always recommended to seek legal advice to ensure the form is filled out correctly and that your application is presented in the best possible light. The key steps to follow are as follows: 

• Information gathering – gather any information you need before completing the application form, including details about your marriage or civil partnership, your divorce proceedings, and the type of financial order you are seeking. 

• Complete Form A – complete all relevant sections of Form A, including: 
  • The location of the court and your case number 
  • The name and contact details of both parties. If you wish to keep your address or other details confidential from your ex-partner, you can request this by completing a separate form (C8). 
  • The types of orders you are applying for  
  • Details of the property or properties if applying for a property adjustment order 
  • Agreements relating to periodical payments or secured periodical payments for children, including whether the Child Support Agency has made a calculation.  
  • Name and details of children 
  • Solicitor’s details if you and/or your ex-partner have one 
  • MIAM attendance 
  • Whether your application is urgent 

• Statement of truth – At the end of Form A, you will be asked to sign and date a ‘statement of truth’.  

• Submit Form A – When you are ready to submit your Form A application to the divorce centre, you will need to submit three copies, along with the current court fee.  

• Wait for the court’s response – Once processed, the court will issue a copy of your application to your ex-spouse and provide both parties with an order setting out the next steps, including the date of the First Appointment hearing. 

If you have a divorce law Solicitor, they will handle each step of the process on your behalf. 

What happens once I have submitted Form A? 

After your Form A is submitted, the court will provide information on what will happen next (called ‘directions’). You will normally receive notice of a First Appointment hearing within a few weeks, scheduled for around 12–16 weeks after your application.  

In preparation for the First Appointment hearing, you will both be asked to provide a full and frank disclosure of your finances using Form E. Form E requires you to provide details of your property, income, savings, other assets, pensions, and debts owing. The judge will use this information to determine how best to divide your assets. The court may request additional documents or questionnaires to clarify matters before the hearing. If they do, it is important to respond promptly. 

At the First Appointment, the judge will review the financial disclosure and identify the key issues. If the case cannot be settled there and then, it usually progresses to one or more Financial Dispute Resolution (FDR) hearings, where both sides are encouraged to reach an agreement with the judge’s assistance.  

If you and your ex-partner reach a financial settlement at any stage, whether at the FDR hearing, during negotiations, or outside court, both of you must complete Form D81, known as a ‘statement of information for a consent order in relation to a financial remedy’. This form sets out the details of the divorce settlement you have reached. The judge then reviews Form D81 alongside to ensure the terms are fair. Once approved (or ‘sealed’), the Consent Order becomes legally binding and finalises the financial case. 

The purpose of the Final Hearing is to bring an end to the proceedings, either by helping both parties reach a final decision or by the judge making a final decision on their behalf based on the evidence presented. If you reach this stage, you will notice that the judge will be different to the person who oversaw your FDR hearing.  

During the final hearing, the new judge will hear submissions from the legal representatives and may ask questions of either party. If the parties still cannot reach a decision between themselves, the judge will decide how the finances are to be dealt with and issue a legally binding financial remedy order. 

At this stage, you and your ex-partner will be legally required to adhere to the agreement that has been reached or imposed by the judge.