Form A

[BoxitUp]

Apparently, my ex's has submitted a Form A to the Court. He won't tell me the date he submitted it. His solicitor has gone quiet on my solicitor. Is there any other way I can find out this date?

The date it is submitted doesn't really matter. The court will issue a notice that will be sent to you with the dates for Forms E to be exchanged and the first hearing date. This is usually some months away. Generally the Form A is submitted to a central divorce court then allocated to your local court, so it could take a while. No point calling the central divorce courts as it takes ages to get through on the phone. You could call your local court to see if it's been transferred over yet.

Arcadia thanks - that's useful information

I'm a family lawyer!

I'm going to use your post to ask a follow up question... :)

If both parties agree on the financial split and the form A is submitted confirming this, do we still need to complete form E?

I'm hoping the court will just approve it without hearing and more forms, assuming or course they agree it is a fair split. We submitted the form and the financial order application signed by both parties based on what we agreed.

Any thoughts? Thank you!

@Loracina you have to submit a proper financial Consent Order together with a completed and signed D81 statement of information form and the fee of £50. No need to do Forms E.

Thank you so much!! That is what we have done - submitted the document which is called "Order 2.1: Financial Remedy Order" signed by both of us outlining how we will split the finances and that we understand no future claims on each other's earnings, etc + the statement of information form.

I have no idea why I thought this was a form A, it is so confusing!

I hope that is all we need to do, I'm tired of waiting...

Do you know how long approx this stage is likely to take?

@Loracina by post or online?

I'm not sure, husband is the petitioner and solicitors are doing it on his behalf. But he did email them asking how long and what next steps are... I hope they do it online?!

@BoxitUp sorry to add another hijack to your post ☺️ but my two queries are heavily linked and I thought @Arcadia or others might be able to answer.

1. I petitioned and sought the Nisi but mediation has failed and it's looking like we need to apply to court for financials. Is there any difference if stbx or I submit Form A? Is there an advantage for the party that submits it? He has a solicitor but I think I will be opting for self-representation (limited funds). I read that the represented party is responsible for collating the bundle but presumably I input to this process so it is not one-sided?

2. stbx seems unwilling to share with me his solicitor details - would I be given these in due course once Form A has been submitted?

Sorry again for hijack but hopefully any answers forthcoming might be helpful to you and others! 🤞

@Loracina I'm in south east and they have to be online now so hopefully you'll be the same and will be done in a few weeks. Used to take months!

@Momentumneeded it doesn't matter too much who applies. Fee of £255.
If the unrepresented party applies then usually the represented party's solicitor has to do the bundle even though they aren't applicant, which can feel a bit unfair for person who is paying them. They would have to get you to approve the index, it's usually pretty standard.
It's a bit strange he won't give you the Solicitors details, but yes if he applies you'll see it on the Form A.

@Momentumneeded if you apply on Form A then his solicitor should file a notice of acting with the court and send you a copy

I'm in the south east.
I got from application to nisi in about 5 wks -online
Consent order has taken 5 months plus. This is at BSE. Still not received though apparently it's sealed now.
I know of others with similar delays in south west.

Thanks for this @Arcadia. Really helpful. Unfortunately he is awkward about everything which is why mediation has stalled despite a v skilled and patient mediator. The solicitor thing is all about keeping me guessing and trying to get the upper hand - this is his default approach. As it seems irrelevant who applies on form A I think I'll just wait for him to do so. I presume I can add my own PS if I wish to? He's a high earner and has apparently been hoarding for litigation in the belief that expensive representation will get him what he wants. Maybe it will sadly. I might have very limited funds to consult with a direct access barrister/ pay for representation at one hearing - do you have any advice on this? I need to self represent as much as possible and save it for the really critical negotiation - assuming it doesn't go to final hearing, which it might. I so want it to be over. Just draining and ongoing uncertainty for the kids and I. Thanks again.

@Momentumneeded you can save quite a bit by doing the financial disclosure part yourself (the Form E and supporting documents) but I would definitely get representation for helping you to prepare a questionnaire regarding his Form E (looking for any discrepancies/omissions in his material) and for representation at the hearings. If you really can't afford it though I would hope that you still get a fair run of it. With the best representation in the world you won't get a judge to award you a settlement that is completely unfair to the other person, so to an extent there is some protection there. Also the judge has to be helpful towards a litigant in person. The other thing is his legal costs will be stacking up as you go along, making him more keen to settle theoretically.