Divorce or separation is never an easy process and talking about the practicalities of it can be very difficult and, often times, contentious. It is sometimes the case that couples cannot agree on the best way to move forward, this is not a failure. There are many resources available that give advice and information about all the options available to you in your particular circumstances.
Help and advice on filling in forms and filing applications can be found through Citizens Advice, Advice Now
or from a family solicitor.
If, after your MIAMS, mediation is not considered to be suitable or if the other party does not engage, you may request Aston Family Mediation to sign and release the relevant court forms to aid an application to the family court.
Similarly, if, after both parties begin the mediation process, the process breaks down or becomes unsuitable, either party can request Aston Family Mediation to sign and release the relevant court forms.
You can obtain court forms at the family court or you can download them here
For guidance on representing yourself in court visit here
For guidance on finding the right family solicitor for you visit Resolution or The Law Society
Court Forms Explained
Child Arrangements:
If you wish to apply to court for an issue relating to arrangements for children you need to apply to court using the C100 form. This can include a child arrangements order, prohibited steps order or a specific issues order. The mediator can sign and release page 9 of the application form.
More details are available here
To make an application related to the enforcement of an existing child arrangements order you will need to submit a C79 application, you can find more information here
Financial Arrangements:
Should you wish to make an application to the court to seek a financial order as part of your divorce proceedings you will first need to complete a Form A; a notice of intention to proceed. The mediator can sign page 12 of this form. More information on this can be found here
Financial Disclosure:
Alongside applying for a financial order under the Matrimonial Causes Act 1973/CivilPartnership Act 2004 you will both need to provide a financial statement using a Form E. You can find more information on this here
Parental Responsibility:
If you wish to apply for Parental Responsibility for a child should you not already have it you will need to complete a C1 form; the mediator can provide an FM1 form to accompany this application. The C1 form also applies to certain other orders under the Childrens Act 1989; you can find out more about it here
For more information about filing allegations of harm and domestic abuse you may file a C1A. You can find more information here
To make an application for a divorce or dissolution of a civil partnership you must complete a D8 form. You can find more information here
It is important to note that there are costs attached to making an application to the court and these are covered by the applicant. Depending on your circumstances, you may be entitled to help with meeting these costs. You can find out more here
It is also worth noting that it is now a requirement of the Family Court that any individual making an application for an order in Family Court should first attempt meaningful negotiations such as Mediation.
It is also important to be aware that should you wish to make an application to the Family Court it should be made within four months of the date you had your MIAM, or, if mediation is attempted, from the date of the last mediation session. A MIAM is only valid for four months, if you wish to return to mediation after this time has passed you may need to return to complete another MIAM as circumstances are likely to have changed.
