New Forms A and A1 were launched yesterday, 4 June 2018, to cater for the changes to the Family Procedure Rules 2010 introduced and in place also from yesterday pursuant to the Family Procedure (Amendment) Rules 2018. All applications lodged at court from 4 June 2018 onwards must be on the new forms and the old forms will no longer be accepted.
The new Forms, found here and here, predominantly cover applications for financial orders alongside a divorce or dissolution and applications under Schedule 1 of the Children Act 1989. Other applications may be made using these forms and, as always, check the rules before making the application.
The changes bring the forms in line with the standard and fast track procedure rules brought in by the aforementioned Family Procedure (Amendment) Rules 2018, which substantively amended Part 9 of the Family Procedure Rules 2010.
Frm 4 June 2018, and save as below, all financial applications alongside a divorce or dissolution and all applications under Schedule 1 of the Children Act 1989 should be made on the new Form A.
The new Form A1 should be used for fast-tracked divorce/dissolution financial applications and Schedule 1 Applications, which include, non-exhaustively:
- Applications for periodical payments only;
- Applications to vary periodical payments, save where an order is sought substituting the original order for a lump sum order, property adjustment order or pension orders;
- Applications to discharge periodical payments, save where an order is sought substituting the original order for a lump sum order, property adjustment order or pension orders.
Other applications are also encompassed, and the first stop when finding which form to use should be the new rules – here. Part III and enforcement application remain separate and have different forms of course.
Save as to cater for the new standard and fast-track allocation, the forms remain much the same as before. Given that the Form A has a dual purpose of both financial claims alongside divorce/dissolution and Schedule 1 claims, the form now contains space to enter the details of children to whom the financial application relates. One might presume that this should only be completed for Schedule 1 only claims, but the wording is unclear and I suggest erring on the side of caution and completing this section if the financial application on divorce/dissolution also financial support for children.
Stuart Clark is an Associate Solicitor at iFLG. He has a wide breadth of experience in all issues arising from the breakdown of a relationship but particularly specialises in financial and forum matters. His work involves complicated trust and partnership issues when often quick advice needs to be obtained from a specialist lawyer in another jurisdiction to run concurrently to his cases in hand.
The International Family Law Group LLP
© 5 June 2018