Form A: Issues That Delay or Derail Applications

Embarking on a financial remedy claim after a relationship breakdown can feel overwhelming, especially if you’re representing yourself. While Form A is designed to be accessible, it’s surprisingly easy to make mistakes that can delay your case for months. Here’s a practical, in-depth guide to the most common traps, how to avoid them, and what to expect at each stage.

Why Forms Come Back: The Most Frequent Mistakes

It’s frustrating to have your Form A returned by the court, especially when you’re eager to move forward. The most common reasons for rejection are surprisingly simple, but they can set you back significantly.

Incomplete Marriage or Civil Partnership Details
The court needs to confirm your eligibility to apply. Always include the full date and place of your marriage or civil partnership, and if you’re already divorced, the decree absolute or final order reference. Missing or incorrect details here will almost always result in your application being rejected. If you don’t have the decree absolute to hand, request a copy before submitting your application.

Wrong Court Venue
It’s not enough to simply send your application to the nearest court. The correct venue depends on where the divorce or dissolution was issued, or where the parties live. Use the Family Court Finder tool to check. Sending your Form A to the wrong court can add weeks to the process, as it will be redirected or returned. If your case is associated with existing divorce proceedings, send your application to the HMCTS Financial Remedy Service in Harlow. Otherwise, use the Financial Remedy Centre most local to you.

Fee Issues
Court fees change regularly and payment methods can fail. If you’re paying by cheque, ensure it’s signed and funds are available. For online payments, double-check that the transaction has gone through. If you’re applying for a fee exemption, include the correct EX160 form and supporting evidence. Any hiccup here will see your application returned. Always check the latest fee guidance before posting.

Missing or Incorrect MIAM Information
A Mediation Information and Assessment Meeting (MIAM) is usually required before you can apply, unless you qualify for an exemption. If you’re applying by consent (where both parties agree to the order), you can skip the MIAM—just make sure you tick the right box and attach the draft consent order. If you claim an exemption, clearly state which one and provide evidence. The court will not process your application without this. If you’re unsure, it’s safer to attend a MIAM or get written confirmation of your exemption.

Urgent and Without Notice Applications: What to Do

Sometimes, you need the court to act quickly—perhaps to freeze a bank account or stop the sale of a property. In these cases, tick Box C10 on Form A and provide a short witness statement explaining the urgency. Attach evidence, such as estate agent particulars, bank statements, or emails showing imminent risk. The court expects clear, concise reasons for urgency; vague statements rarely succeed. If you’re seeking an urgent order, be prepared to explain why you couldn’t give notice to the other party.

Preparing for the First Directions Appointment (FDA)

Once your Form A is accepted, the court will list a First Directions Appointment. Preparation is key:

• Form E: This is your detailed financial disclosure. Complete it honestly and thoroughly, attaching all required documents (bank statements, property valuations, pension statements, etc.). Missing documents are a common reason for adjournments.

• Chronology and Case Summary: A simple timeline of key events and a summary of the main issues help the judge understand your case quickly.

• Questionnaire: If you have questions about the other party’s disclosure, prepare a concise questionnaire.

• Electronic Bundles: If filing electronically, label your PDF bookmarks clearly. Judges appreciate well-organised bundles—it can even shorten the hearing.

Common Ambiguities and Contentious Points

• What if my ex won’t provide financial disclosure?
  The court can order them to do so, but delays are common. Be prepared to chase missing documents and highlight gaps in your questionnaire.

  
  

• Can I apply for a clean break?
  Yes, but only if it’s fair. The court will consider both parties’ needs, especially if children are involved. A clean break means no further financial claims, but it doesn’t end child maintenance obligations.

  
  

• What if I need maintenance urgently?
  You can apply for interim maintenance (Maintenance Pending Suit) if you’re struggling financially while the case is ongoing.

  
  

• Do I need to attend mediation?
  Not always. Exemptions include domestic abuse, urgency, or if the application is by consent. If you’re unsure, it’s safer to attend a MIAM or get written confirmation of your exemption.

Proven Tactics for a Smooth Filing

• Double-check every section of Form A before posting.

• Use the most up-to-date forms from the government website.

• Keep copies of everything you send.

• If in doubt about a tick-box or supporting document, include a short covering letter explaining your reasoning.

Did You Know?

You can skip the MIAM if your application is by consent (see Family Procedure Rules r3.8). This is a common area of confusion—many people attend mediation unnecessarily.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.