Form B Divorce
Last updated: April 2026
by Jess Knauf, Director of Client Strategy at Mediate UK, Information reflects current family law and mediation requirements as of 17 April 2026.
Key Takeaways
- Form B is used by a respondent in divorce or dissolution proceedings to ask the court to delay the final order until their financial position has been properly considered.
- The application can only be made after the conditional order has been granted but before the final order is made.
- Before filing a Form B, you must attend a MIAM (Mediation Information and Assessment Meeting), unless a valid exemption applies.
- A successful Form B does not give the respondent extra financial rights, but it does protect their right to have those claims heard before the divorce is finalised.
- Form B applications are considered to be financial remedy applications, meaning the full Part 9 procedure under the Family Procedure Rules applies.
- The court may still grant the final order if the applicant provides a satisfactory undertaking to make financial provision for the respondent.
What is Form B in divorce?
Form B is a court form used by the respondent in divorce or civil partnership dissolution proceedings in England and Wales to apply for the court to consider their financial position before the final order is made. It effectively pauses the divorce process, giving the respondent an opportunity to ensure that financial matters are properly addressed. Before filing, the respondent must first attend a MIAM unless an exemption applies.
If you are the respondent in divorce proceedings and you are worried that your spouse could obtain a final divorce order before your financial situation has been properly sorted out, Form B in divorce may be relevant to you. It is a specific application that allows the respondent to ask the court to pause the divorce process, giving both parties time to ensure that finances are dealt with appropriately.
In this guide we explain what Form B is, when it can be used, how the application works, what the court will consider, and, importantly, what you need to do before you can apply, including attending a Mediation Information and Assessment Meeting (MIAM). This guide is for information purposes only and does not constitute legal advice on your individual circumstances.
What is Form B and When Can it Be Used?
Form B is a formal court application made under section 10(2) of the Matrimonial Causes Act 1973 (or section 48(2) of the Civil Partnership Act 2004 for civil partnership dissolutions). It allows the respondent to ask the court to consider their financial position after the divorce, and in doing so, prevents the final divorce order from being made until that review has taken place.
The application can only be made after the conditional order has been granted but before the final order. This means there is a specific window in which a Form B can be filed. The applicant for divorce is entitled to apply for the final order 43 days (six weeks and one day) after the conditional order is pronounced. If they do not apply at that point, the respondent can apply after a further three months. A Form B application should therefore be lodged promptly once the conditional order is made.
Once the Form B has been issued by the court, the final order generally cannot be made unless the court is satisfied that one of the following applies:
- The applicant should not be required to make any financial provision for the respondent at all
- The financial provision already made (not merely proposed) is fair and reasonable, or the best that can be made in the circumstances
- There are special circumstances making it desirable to finalise the divorce, and the applicant has given a satisfactory undertaking to make approved financial provision for the respondent
Why Would the Respondent Use Form B?
The most common reason is to protect the financially weaker party. If the applicant (the person who applied for the divorce) were to obtain the final order before financial matters are resolved, and were then to die, the respondent could lose entitlement to widow’s or widower’s pension benefits, death in service payments, and life insurance proceeds. Without the protection of a Form B, the respondent might find themselves in a financially vulnerable position through no fault of their own.
Another common situation is where pension sharing has not yet been agreed or ordered. If the final order is made before the pension has been divided, it may affect the respondent’s entitlement. A Form B application gives the respondent the right to have their financial claims assessed before the divorce is finalised, rather than after.
The MIAM Requirement Before Filing Form B
One of the most important things to understand before making a Form B application is that, like almost all financial remedy applications, you must first attend a MIAM. A MIAM is a Mediation Information and Assessment Meeting, usually lasting around 45 minutes to an hour, in which an accredited family mediator talks through your situation and explores whether mediation or another form of non-court dispute resolution might be suitable for you.
The MIAM requirement applies unless you are applying for a consent order, or a valid MIAM exemption applies to your situation. Exemptions exist for a number of specific circumstances, including:
- Domestic abuse: where there is evidence of abuse by or against a prospective party
- Urgency: where delay would cause significant financial hardship, a miscarriage of justice, or risk to life or safety
- Previous MIAM attendance: where you attended a MIAM within the last four months relating to the same dispute
- Other grounds: including imprisonment, no authorised mediators within 15 miles, disability preventing attendance, or applications made without notice
If you are claiming an exemption, you must tick the relevant box on the Form B itself and, where evidence is required, provide it alongside your application. The court will review the evidence you have submitted to confirm the exemption is validly claimed. You can find a full breakdown of exemptions in our guide to MIAM exemptions.
If none of the exemptions apply, you must attend a MIAM before the court will accept your Form B application. At Mediate UK, we can arrange a MIAM quickly, often within a matter of days, and provide the MIAM certificate you need to proceed with your application. You can check whether you need a MIAM using our MIAM eligibility calculator.
You Will Usually Need to attend a MIAM before filing Form B
We offer MIAMs from £115 plus VAT per person, with online and in-person options available across England and Wales. Appointments are usually available within a few days.
How Does a Form B Application Work?
Once you have attended your MIAM (or confirmed that an exemption applies), the process of submitting a Form B is as follows:
Step 1: Complete the Form B
Fill in the form with the court name and case number, the names of both parties, and the date. You or your solicitor must sign and date the form. The form includes sections confirming MIAM attendance or an exemption, and must be signed off by the MIAM provider if you have attended.
Step 2: Lodge the application
The Form B can be filed via the online divorce portal or submitted in person at the relevant family court. It is strongly advisable to also telephone the divorce service centre after lodging, to confirm that the proceedings have been stayed and the final order will not be made while the application is pending.
Step 3: First Appointment is listed
Because a Form B application is treated as a financial remedy application under Part 9 of the Family Procedure Rules 2010, the court will list a First Appointment hearing. If there are already ongoing financial remedy proceedings under sections 23 and 24 of the Matrimonial Causes Act 1973, the Form B hearing will usually be heard at the same time.
Step 4: The court applies the statutory checklist
When deciding whether to allow the final order to proceed, the court will consider all of the circumstances of the case, including the age, health, earning capacity, financial resources, and financial obligations of each party. It will also take into account the respondent’s likely financial position after the death of the applicant, if that were to occur. These factors are set out in section 10(3A) of the Matrimonial Causes Act 1973.
“We often see clients who were unaware that their spouse could finalise the divorce while financial matters were still unresolved. Form B exists specifically to protect the respondent in that situation, but timing matters. The window between conditional and final order can pass quickly, so if you are concerned about your financial position, getting advice and arranging your MIAM as soon as possible is really important.”
Jess Knauf, Director of Client Strategy, Mediate UK
What Does the Court Consider When Deciding a Form B Application?
The court will not simply rubber-stamp a Form B application. It will look at whether it is genuinely necessary to delay the final order, and it applies a statutory checklist when making that assessment. The factors under section 10(3A) MCA 1973 include:
- The age and health of each party
- The conduct of each party
- Their respective earning capacities
- Financial resources held by each party
- Financial obligations each party has
- The likely financial position of the respondent after the death of the applicant, were that to happen before a financial settlement is reached
This last point, the respondent’s position if the applicant were to die before settlement, is often the most significant. It directly addresses the pension, death in service, and insurance protection issue, which is frequently the trigger for a Form B application in the first place.
The court does have discretion to allow the final order to proceed even where a Form B has been filed. It may do so if it concludes there are circumstances making it desirable to finalise the divorce and the applicant has given a satisfactory undertaking to make financial provision for the respondent. Case law prior to the 2022 no-fault divorce reforms, including Grigson v Grigson [1974] 1 All ER 478, confirms that any undertaking must include actual financial proposals, not merely a general commitment to reach agreement at some future point.
What Form B Cannot Do
It is important to understand the limits of a Form B application. It will not give the respondent any financial right or entitlement that goes beyond what would have been available in an ordinary financial remedy application. In other words, Form B does not strengthen or add to your financial claims, it simply ensures those claims are heard before the divorce is finalised.
Form B also cannot be used if financial remedy proceedings are already underway between the parties. Its purpose is specifically to protect respondents who do not yet have the protection of existing proceedings. If you have already applied for a financial remedy through Form A, a Form B would not be appropriate.
There is also a practical point about proportionality. The court may decline a Form B application if it takes the view that the financial matters could conveniently and appropriately be dealt with under an ordinary financial remedy application. The court can even make costs orders against a respondent who makes a Form B application indiscriminately or without good reason. This is why careful legal advice before making the application is sensible.
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Preparing for a Financial Court Hearing?
If you have filed a Form B and your First Appointment is approaching, our Financial Court Prep Meeting can help you understand what to expect and how to present your position clearly and confidently.
Form B and Pension Protection
One of the most common reasons a respondent considers a Form B application is pension protection. If the applicant obtains the final divorce order before pension sharing or pension attachment orders have been agreed or approved by the court, the respondent may lose out significantly.
For example, if the applicant holds a generous defined benefit or final salary pension, and they were to die after the final divorce order but before any pension sharing order had been made, the respondent would lose any potential widow’s or widower’s pension entitlement. The same applies to death in service benefits and life insurance policies that are linked to the marriage. Our full guide to pensions on divorce explains the options in more detail.
The statutory checklist that the court applies when considering a Form B application specifically requires it to consider the respondent’s financial position in the event of the applicant’s death. This means that where pensions or death benefits are a significant part of the financial picture, a well-prepared Form B application can offer meaningful protection while formal proceedings are underway.
Case Study: Protecting Pension Entitlement with Form B
Sarah had been married for 22 years and was the primary carer for the couple’s children throughout the marriage. Her husband held a substantial public sector pension and was the main earner. Once the conditional order was granted, he applied for the final order promptly, before any pension sharing discussions had taken place. Sarah’s adviser filed a Form B within the 43-day window, staying the final order. This gave Sarah the time needed to obtain a CETV valuation of the pension, take financial advice, and negotiate a pension sharing order as part of a broader financial settlement. Without the Form B, she risked losing a significant retirement asset she had contributed to indirectly over more than two decades. Names and details have been changed to protect confidentiality.
Form B vs Form A: What is the Difference?
It is easy to confuse Form B with Form A, which is the standard application for a financial order on divorce. The table below sets out the key differences:
| Feature | Form A | Form B |
|---|---|---|
| Who can use it | Either party to a divorce | The respondent only |
| Purpose | To apply for a financial order (property, maintenance, pension, lump sum) | To delay the final divorce order while finances are resolved |
| When it can be filed | After conditional order or earlier in some circumstances | After conditional order, before final order only |
| Creates financial rights? | Yes, the court can make binding financial orders | No, it only delays the divorce, not an order in itself |
| MIAM required? | Yes (unless exemption applies) | Yes (unless exemption applies) |
| Part 9 procedure applies? | Yes | Yes, treated as a financial remedy application |
| Can be used if financial proceedings already active? | Yes | No |
How to Complete Form B: A Section by Section Guide
Form B (updated April 2024) is a relatively short form but must be completed carefully. Here is a guide to each section:
Front Page
Record the name of the Family Court, the case number, the names of both the applicant and respondent, and the date. The form must be signed, either by the respondent personally or by their solicitor. The appropriate legislation box must be ticked (Matrimonial Causes Act 1973 for divorce, or Civil Partnership Act 2004 for dissolution).
Section 1: MIAM Requirement
Confirm whether you have attended a MIAM. If yes, the MIAM provider must complete and sign Section 3. If you are claiming a MIAM exemption instead, move to Section 2.
Section 2: MIAM Exemptions
If claiming an exemption, tick the relevant grounds. Sections 2a to 2d cover domestic abuse, urgency, previous MIAM attendance, and other grounds respectively. Where evidence is required, it must be submitted with the application. There is a text box at the end of this section for any additional information the court requires, including mediator contact details if the “no mediator within 15 miles” exemption is claimed.
Section 3: MIAM Provider Confirmation
This section is completed and signed by the authorised family mediator who conducted your MIAM. It confirms whether you attended alone or jointly, and records the outcome in terms of whether mediation or another form of non-court dispute resolution is proceeding. The mediator’s FMC registration number and service details are also recorded here.
Section 4: Statement of Truth
All applicants must sign this section. By signing, you confirm that you believe the facts stated in the application are true. If signed by a solicitor, they must confirm they are authorised by the applicant to sign on their behalf. The statement of truth carries legal weight, and making a false statement in a document verified in this way can result in contempt of court proceedings.
Form B: A Page-by-Page Guide
The current version of Form B is the April 2024 edition (Form B 04.24), published by HMCTS. It is 10 pages long. Below is a walk-through of each page so you know exactly what to expect before you sit down to complete it.
Page 1: Cover Page and Respondent Details
The front page records the basic details of the application. You need to fill in:
- The name of the Family Court where your case is being heard
- Your case number (on your conditional order paperwork)
- Full name of the applicant (the person who applied for the divorce)
- Full name of the respondent (you, the person filing Form B)
- The fee charged or Remission ID if you have applied for a fee exemption
You must also tick whether the application is made under the Matrimonial Causes Act 1973 (divorce) or the Civil Partnership Act 2004 (dissolution). The form is signed and dated by you or your solicitor.
Page 2: Section 1, The MIAM Requirement
This section is the gateway for the whole application. It asks two questions:
- Question 1a: Have you attended a MIAM? If yes, the mediator signs Section 3. If no, proceed to question 1b.
- Question 1b: Are you claiming a MIAM exemption? If yes, complete Section 2. If no, you cannot proceed with this application.
The page makes clear that a MIAM is required unless the application is for a consent order, or a valid exemption applies. If you need to arrange a MIAM, book one with Mediate UK and we will sign and return Section 3 as part of your appointment.
Page 3: Section 2a, Domestic Abuse Evidence
If you are claiming a domestic abuse MIAM exemption, page 3 lists the evidence types you can rely on. Accepted evidence includes:
- Evidence of arrest, caution, or conviction for a domestic abuse offence
- A relevant protective injunction or domestic violence protection notice
- A letter or report from a health professional confirming injuries consistent with abuse
- A letter from an IDVA or ISVA
- Evidence of referral to a specialist support service
All domestic abuse exemptions require evidence to be submitted with the application. If you cannot provide it at the time of filing, use the text box on page 8 to explain why.
Page 4: Section 2a Continued, Further Domestic Abuse Evidence Types
Page 4 continues the domestic abuse evidence list. Additional accepted evidence includes:
- A letter from a local authority or housing association supporting a tenant affected by abuse
- A letter from a domestic abuse support organisation operating for at least six months
- A letter from a public authority confirming a victim risk assessment
- Evidence of a refusal of admission to a refuge
- A letter from the Home Secretary confirming leave to remain as a victim of domestic abuse
- Evidence of financial abuse
Evidence must be submitted with the application wherever possible. Page 8 provides the space to explain if you cannot include it at the time of filing.
Page 5: Sections 2b and 2c, Urgency and Previous MIAM Attendance
Section 2b: Urgency. This exemption covers situations where delay would cause significant financial hardship, a miscarriage of justice, irretrievable loss of evidence, risk to life or safety, or risk of proceedings being commenced in another country first.
Section 2c: Previous MIAM Attendance. If you attended a MIAM or other NCDR process within the previous four months in relation to the same dispute, you may not need to attend again. Written confirmation from the provider must be submitted with the application. Alternatively, if existing proceedings are continuing and you attended a MIAM before those proceedings began, the original MIAM provider must sign Section 3.
Page 6: Section 2d, Other MIAM Exemptions
Section 2d covers all remaining exemption grounds, including:
- The application is made without notice
- A child is a prospective party
- Unable to attend online or in person and no mediator within 15 miles has availability within 15 business days
- Disability preventing attendance and no accessible mediator within 15 miles
- No authorised mediator within 15 miles at all
- In prison, on bail with a no-contact condition, or subject to a licence prohibiting contact
Most of these grounds require additional information in the text box on page 7, including the names and contact details of mediators you approached if using the “no availability” or “no mediator nearby” grounds.
Pages 7 and 8: Additional Information and Evidence Explanation
Page 7 is a free-text box for any additional information required by the exemption ground you have claimed. This might include names and contact details of mediators you contacted, dates of contact, or an explanation of why you are unable to attend a MIAM online or in person.
Page 8 is specifically for applicants who are claiming a domestic abuse MIAM exemption but cannot provide the required evidence at the time of submission. Use this space to briefly explain the reason. If you are able to provide all required evidence with your application, leave this page blank.
Page 9: Section 3, MIAM Provider Confirmation
This section is completed and signed by your authorised family mediator, not by you. After your MIAM, your mediator will:
- Record participant names
- Confirm whether you attended alone or whether both parties attended separately
- Confirm whether mediation or another NCDR process is not proceeding, and tick the relevant reason
- Note if an NCDR process has broken down, concluded, or if court proceedings need to run in parallel
- Provide their FMC registration number, service name, address, and signature
At Mediate UK, we complete Section 3 during your MIAM appointment and return it to you alongside your MIAM certificate, ready for submission to the court.
Page 10: Section 4, Statement of Truth
All applicants must complete Section 4. This is the statement of truth: by signing, you confirm that you believe the facts stated in the application are true. Making a false statement in a document verified by a statement of truth can result in contempt of court proceedings.
You will need to provide:
- Your signature
- The date (day, month, year)
- Your full name
- If signed by a solicitor: their firm name and position
Once signed, your Form B is complete and ready to be lodged with the court via the online portal or in person at the family court.
Resolving Finances After a Form B Application
A Form B application is the starting point, not the end point. Once filed, the parties will still need to work towards a financial settlement. There are several routes to achieving this:
- Family mediation: An accredited mediator helps both parties reach agreement on financial matters, which can then be put into a consent order approved by the court. Mediation is often faster and less expensive than contested court proceedings.
- Negotiation through solicitors: Both parties instruct solicitors who negotiate on their behalf, with any agreement being formalised in a consent order.
- Financial Dispute Resolution (FDR): A private or court-based FDR hearing in which a judge gives a non-binding indication of the likely outcome, encouraging settlement.
- Full hearing: If the parties cannot reach agreement, the court will make a final determination on financial matters at a contested final hearing.
At Mediate UK, we help respondents and applicants alike work through financial matters using financial mediation. Our mediators are FMC-accredited and experienced in helping separating couples reach workable agreements on property, pensions, savings, and maintenance, often in just two or three sessions.
Summary
Form B is an important but specific tool for respondents in divorce proceedings who need to protect their financial position before the final divorce order is made. It pauses the divorce process and triggers the court’s obligation to consider the respondent’s financial circumstances, including what would happen to them financially if the applicant were to die before a settlement is reached.
Before filing, you must attend a MIAM, or have a valid exemption. The application is treated as a financial remedy application under Part 9 of the Family Procedure Rules. A Form B does not create new financial rights, but it ensures that existing rights are considered before the divorce is finalised. Given the time-sensitive nature of the application and the potential for costs consequences if used inappropriately, getting early legal advice is a sensible step.
Frequently Asked Questions About Form B
Do I need a MIAM before I can file a Form B?
Yes. A Form B is treated as a financial remedy application, and you must attend a MIAM before making most financial remedy applications, unless a valid exemption applies. If you attended a MIAM within the previous four months in relation to the same dispute, you may not need to attend again. If you are unsure whether you need a MIAM, you can use our MIAM eligibility calculator.
When is the deadline for filing a Form B?
There is no fixed deadline, but the Form B must be filed before the final divorce order is made. The applicant for divorce can apply for the final order 43 days after the conditional order, so in practice you have a window of approximately six weeks. It is important to act quickly. If the applicant does not apply at the first opportunity, the respondent can also apply after a further three months, but by that point the financial landscape may have shifted.
Can I file a Form B if I have already applied for a financial order through Form A?
No. A Form B cannot be used if financial remedy proceedings are already underway. Its purpose is to protect respondents who do not yet have that protection. If you have already filed a Form A, the existing proceedings provide the mechanism for your financial claims to be heard. A Form B would not be appropriate in those circumstances.
Will a Form B give me stronger financial rights?
No. A Form B does not create additional financial entitlements. It delays the final divorce order so that your existing financial claims can be properly assessed before the marriage is legally ended. The court applies the same checklist of factors it would apply in an ordinary financial remedy case.
What is a “satisfactory undertaking” in the context of Form B?
An undertaking is a formal promise given to the court. In the context of Form B, the applicant (the person seeking the final divorce order) may be able to give the court an undertaking that they will make specified financial provision for the respondent. If the court considers this undertaking satisfactory, it may grant the final order despite the Form B application. The undertaking must include actual financial proposals, not simply a general promise to reach agreement in the future.
Can the court make a costs order against me if I file a Form B unnecessarily?
Yes. The court can make a costs order if it takes the view that the financial matters could have been dealt with through an ordinary financial remedy application and the Form B was used indiscriminately. This is one of the reasons why taking legal advice before applying is advisable.
How long does a MIAM take and how much does it cost?
A MIAM typically lasts 45 to 60 minutes. At Mediate UK, MIAMs start from £115 plus VAT per person. We offer online MIAMs and in-person appointments across England and Wales, with appointments usually available within a few days. After your MIAM, your mediator will provide the signed MIAM certificate you need to complete the Form B.
Is Form B different for civil partnership dissolution?
The same Form B is used for both divorce and civil partnership dissolution. In the case of a civil partnership, the application is made under section 48(2) of the Civil Partnership Act 2004 rather than the Matrimonial Causes Act 1973. The relevant box on the form must be ticked to reflect this.
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