Q&As

Does a Form A need to be filed for dismissal purposes where an application for a financial consent order is made via the HMCTS online platform?

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Published on LexisPSL on 16/06/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Does a Form A need to be filed for dismissal purposes where an application for a financial consent order is made via the HMCTS online platform?

Does a Form A need to be filed for dismissal purposes where an application for a financial consent order is made via the HMCTS online platform?

Where an application is made for a financial consent order to be approved outside of the HMCTS online platform, some courts take the view that where the draft consent order includes provisions dismissing the parties' claims for financial provision, it is necessary for those claims to be brought formally before the court. Accordingly, at the same time as lodging the draft order and statements of information, some courts also require both parties (or just the respondent where there are existing financial order proceedings) to file an application in Form A marked 'for dismissal purposes only'. The Financial Remedies Working Group (FRWG) recommended in its interim report that once a Form A is issued by one party then, save where the application is expressly stated to be limited to the seeking of a particular remedy, all possible applications by both parties should be deemed to have been made, and may be granted or dismissed by the court without the requirement for a further application. The FRWG expanded on that recommendation in its final report by suggesting that:

  1. the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 should be amended to clarify that the filing of Forms A 'for dismissal purposes

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