Family Law – Financial Order
Procedure
Pre-application
Mediation Information and Assessment Meeting
Before making application, all applicants required to attend MIAM – Children and Families
Act 2014, s 10(1)
Pre-application protocol
Pre-application disclosure should be encouraged where both parties agree to it and disclosure
is not likely to be an issue
Must be carried out in accordance with the overriding objective and be proportionate
Step 1: The application
Making the application
Depends on whether applicant is petitioner or respondent
If petitioner-applicant makes formal application – done in the prayer to the petition. Petitioner must
follow this by filing a notice of intention to proceed in Form A.
Respondent-applicant merely has to file Form A.
Form A outlines nature of application and all orders/ financial orders applicant wishes to pursue
If application is made in regards to a property with a mortgage – Form A must also be served on
mortgage company within 14 days
Important to apply for a full range of orders to cover any potential change in applicants
circumstances
Filing and Service
Applicant needs to file at court:
a) Form A in duplicate
b) Form M1 – proof of MIAM attendance
c) Application fee
d) Notice of acting where client received legal help in divorce and is now in receipt of family help/
legal representation
Upon filing …
Court will on Form C allocate the date for the first appointment between 12 and 16 weeks ahead
Procedure
Pre-application
Mediation Information and Assessment Meeting
Before making application, all applicants required to attend MIAM – Children and Families
Act 2014, s 10(1)
Pre-application protocol
Pre-application disclosure should be encouraged where both parties agree to it and disclosure
is not likely to be an issue
Must be carried out in accordance with the overriding objective and be proportionate
Step 1: The application
Making the application
Depends on whether applicant is petitioner or respondent
If petitioner-applicant makes formal application – done in the prayer to the petition. Petitioner must
follow this by filing a notice of intention to proceed in Form A.
Respondent-applicant merely has to file Form A.
Form A outlines nature of application and all orders/ financial orders applicant wishes to pursue
If application is made in regards to a property with a mortgage – Form A must also be served on
mortgage company within 14 days
Important to apply for a full range of orders to cover any potential change in applicants
circumstances
Filing and Service
Applicant needs to file at court:
a) Form A in duplicate
b) Form M1 – proof of MIAM attendance
c) Application fee
d) Notice of acting where client received legal help in divorce and is now in receipt of family help/
legal representation
Upon filing …
Court will on Form C allocate the date for the first appointment between 12 and 16 weeks ahead
