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4 common court forms used in a Divorce or Separation

4 common court forms used in a Divorce or Separation – What are they and when do you need them?

finances, Child arrangements and divorce

When dealing with family issues that need legal action, going through court proceedings can feel overwhelming. Court forms play a crucial role in this process, as they lay out the specifics of the case and ensure everything is properly documented.

In this blog post, we’ll take a look at the importance of four common court forms: Form A, Form C100, Form E and Form D81. We’ll discuss what they’re used for, who can use them and how family mediation fits into the picture.

Form A: Application for a Financial Order

Form A is used in family court proceedings, specifically for applications related to financial matters. Its primary purpose is to initiate legal proceedings for resolving financial disputes in the context of divorce or separation. These disputes may be about the division of assets, property or financial support.

Download Form A

Who Can Use Form A?

Form A can be used by spouses or civil partners following the breakdown of a relationship or marriage.

Your family mediator will usually need to sign the Form A prior to you sending it to the court.

Where does Family Mediation fit in?

Family mediation plays an important role in helping people agree the financial matters of their divorce. Your accredited family mediator will usually need to sign the Form A (Page 15) to show that mediation is not suitable, has been attempted but has broken down, or that the applicant has, as a minimum, attended a MIAM.

C100: Application for a Child Arrangements, Prohibited Steps, Specific Issue Order or to Vary or Discharge or Ask Permission to Make a Section 8 Order

The C100 form is used in cases concerning child arrangements, which include issues related to where the children will stay and when, specific issues such as health or schooling and matters such as holiday or Christmas.  It enables individuals to formally apply to the court for various orders concerning children, ensuring the child’s best interests are prioritised.

Download Form C100

Who Can Use Form C100?

Form C100 is typically used by parents, guardians, or other concerned parties seeking legal intervention in matters about child arrangements.

Role of Family Mediators and Sign-Off Requirements

Courts would far rather parents resolved disputes regarding their children outside of the court. To this end, the Government has allocated £500 towards the costs of your parenting mediation. Your family mediator will usually need to sign the C100 Form (Page 12) prior to you sending it to the court to show you have considered mediation or that it has broken down.

Form E: Financial Statement 

Form E is a comprehensive financial statement used in family court proceedings to provide detailed information about one’s financial circumstances. It is for parties involved in financial remedy applications, enabling them to disclose their financial assets, liabilities, income, and expenses.

Download Form E

Who Can Use Form E?

Form E is primarily used by individuals involved in divorce or dissolution proceedings seeking financial remedy, including spouses, civil partners, or, sometimes, cohabitants.

It is essential for parties to accurately and transparently disclose their financial information, as Form E serves as a basis for negotiations and court decisions regarding financial settlements.

You sign the Form E to show it is correct to the best of your knowledge and provide evidence of all finances. If your ex lies on their Form E, they could be in contempt of court or even commit fraud.

A mediator does not need to sign off a Form E.

D81: Statement of Information for a Consent Order in relation to a Financial Remedy

D81, also known as the Statement of Information, is a supplementary document accompanying consent orders in financial remedy applications. It provides additional information and declarations required by the court to approve consent orders, ensuring compliance with legal requirements and facilitating the enforcement of agreements.

Download Form D81

Who Can Use D81?

D81 is applicable to parties seeking to formalise agreements through consent orders in financial remedy proceedings, indicating their mutual consent to the terms of the proposed settlement.

It is typically completed and submitted alongside consent orders to provide essential details and declarations necessary for the court’s approval.

It must include up to date figures, many of which may have changed since you completed a Form E

A family mediator does not need to sign off a form D81.

Do I always need a family mediator to sign off a Form A or C100?

In certain circumstances, you may be exempt from obtaining mediator sign-off.  Cases that involve domestic abuse or urgent child welfare concerns for example are exempt.

There are currently 15 exemptions that the court will accept for you not attending a MIAM. These are listed on the respective court forms or you can find the listed in more detail HERE.

In such instances, alternative sections of the court forms may be completed, accompanied by appropriate evidence substantiating the exemption of domestic abuse, or urgency of the matter.

Summary

There are many court forms that can be used during a divorce or separation. A full list can be found here.

Remember that it is important – wherever possible- to explore all avenues for amicable resolution before resorting to litigation. Many people who have been through the court process have found it stressful and far more costly in terms of time and money than they initially had hoped.

If you want to find out about alternatives to court take a look at the below guide.

11 Methods to resolve your parenting, property or financial issues in your divorce or separation.

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