Consent order and MIAM questions

[DharmaLlama]

My exH and I have been separated for 5 years and are finally getting around to getting divorced. I'm just sitting down to do all the forms now. The background is: one child who is 8, equal shared custody, have never owned property together, we earn roughly the same amount, no-one pays maintenance to the other.

My questions are:

1. Can we draft a Consent Order for a clean break, or does it have to be done by a solicitor?

1. The Form A, Part 2 says "You must have attended a MIAM before making this application unless the requirement to attend a MIAM does not apply because the financial order you are applying for is for a consent order" (which seems to apply) but all applicants have to complete Part 2. I selected 'Yes' for 2a "Are you claiming exemption from the requirement to attend a MIAM?" and was then directed to go to question 3 to state under what grounds I am claiming exemption. Neither 3a (Domestic Violence), 3b (Urgency) or 3c (Previous attendance or exemption) apply, so I looked in 3d (Other) and none of these applied either. How am I supposed to complete Part 2? Is it the Form A and D081 that we would need to complete?

1. On the Form D8, I have not ticked that I want a Financial Order. Is this going to cause any issues (especially as I am saying I do not have a solicitor)? Is a judge going to assume that I forgot or don't know what I am doing because I am a woman?

Thanks for any help or advice.

Thanks for your reply and advice.

No forms have been submitted yet, so I can easily amend the D8 to tick a box, but none of the options for Financial Order apply. I read the notes www.justice.gov.uk/downloads/fjr/d8-notes.pdf about completing the section and it says "If you need the court to resolve any dispute over finances you can apply for a financial order. This can deal with property, maintenance, a lump sum payment and/or pensions." which is not applicable. Which box would I tick?

I would never presume to be able to write a consent order myself, and of course I would get a solicitor to do it - unless it was for an order for a clean break of the type we are looking for, for which I hoped there might be a standard format that we could submit.

My last question was perhaps worded badly. The problem with the Financial Order boxes is that there is no way to positively indicate that you do NOT want any form of ancillary relief, and unticked could easily be forgotten. I imagine the number of single mothers of dependent children who do not tick any of those boxes is the minority? So it's not a big leap to wonder whether a judge might want check that I really meant to do that when I am unrepresented.

Bumping in the hope anyone can help me.

I can't 'get a solicitor'.

I posted the above too quickly. I can't 'get a solicitor' to do everything. I do not have £500+ I have been quoted to do this (and my ex is paying the court costs), and there is also no reason I shouldn't be able to complete the divorce petition myself. The notes don't address my situation.

When there is a nisi, we will have to use one of those very low cost consent order services so that we have one drafted by a solicitor, but I do not have more money than that.

Which box do I need to tick on the D8 so that we can later submit a consent order (prepared for by a solicitor) to the effect that there are no financial claims on the other, and not have to submit a Form A? I have ticked the 'no agreement has been made or is proposed to be made' as part of the 5 years' separation.

I'd be very grateful if someone could help me.

Thank you so much familylawsolicitor That's very helpful.

Thinking of ticking all the boxes, when I do not want any of those things, is making me grind my teeth in annoyance, but I will need to find a grip and be pragmatic and just bloody do it :)

I've no doubt your fee is perfectly reasonable, and quite usual, and STBXH is welcome to pay that, if he wishes, but I simply don't have that kind of cash.

I'm in the same situation and have the same question No. 2 as OP. The PP who replied with helpful answers has withdrawn their responses. I wonder if anyone else has experience with this? Thanks!

You don't complete a Form A for a consent order.

Thanks Collaborate. The government pages seem to indicate that you do in fact need to submit Form A - they state: "One of you also needs to fill in a notice of an application for a financial order" (which links to Form A - hence my confusion. The online portal for solicitors appears not to require the whole of Form A to be completed however). I'm applying online so wonder if perhaps I will receive different instructions once the conditional order is issued, but for the moment there is only the government information pages to go on - perhaps they need updating?
https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

In that case just ignore the mediation section. Form As are done these days by completing an online form.