Form A1
Application form to apply for a financial
remedy OTHER THAN a financial order
WHAT IS FORM A1 USED FOR?
Periodical payments is also known as maintenance payments. This is usually paid by the financially stronger ex-partner to the financially weaker ex-partner for child maintenance, spousal maintenance, and help with legal fees. Periodical payments are paid on a regular reoccurring basis, often monthly.
Form A1 is the application form used to apply for, vary or discharge a periodical payments court order by itself (ALONE).
If you want to apply for a periodical payments court order TOGETHER (NOT ALONE) with another financial provision court order you will need to use application form A.
If you want to REPLACE an existing periodical payment order with a lump sum order, a property adjustment order, a pension sharing order, a pension compensation sharing order you will need to use application form A.
LINK TO OUR L.I.P HELP GUIDE FOR FORM A
ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM A1?
There are no specific government guide available at present to help you complete form A1
Pages 16-18 of form A1 has general information how to complete form A1.
WHAT IS THE FEE TO SEND FORM A1 TO THE COURT AND HOW TO PAY FOR IT?
There is a fee to send this form to the court. Please click on the link below to government guide EX50 page 15 for family court fees.
LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES
- Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
- If you are on certain benefits or on a low income you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form A for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to put on the top right hand corner of the front page of the form you are asking help with, in this case, form A1.
LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance note
HOW TO COMPLETE FORM A1 AND WHERE TO SEND IT.
- NOTE 1 – If you are completing and sending this form in then you are known as the applicant or petitioner. Your ex-partner is known as the respondent.
- NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen.
- NOTE 3- If you find there is not enough space to complete your answers on your form then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper.
- NOTE 4 – Please send at least 3-4 copies of form A1, any evidence and attachments to the court. The court will distribute the copies accordingly. One copy is required for the court and one for each party in the proceedings.
- NOTE 5 – Please keep a copy of your form A1, all evidence and attachments for yourself outside of the ones you send to the family court.
- Form A1 is 18 pages long.
- On page 1 you will be asked to write, on the top right hand corner, the name of the court dealing with your case and the case number if you have one. You will also be asked to write down the full name of the applicant and the respondent(s).
- Then you will be asked about the nature of your application. You must ONLY tick the boxes that apply to you.
- You will be asked if your application is for a financial provision including provision for the children –
- in connection with divorce proceedings
- under paragraphs 1 or 2 of schedule 1 to the children act 1989
- under part 1 of the domestic proceedings and magistrates courts act 1978
- Then underneath you will be asked to tick the box of the statement that applies to you
- if you intend to apply to the court for or
- proceed with the application in the divorce application for or
- to apply to vary or
- to apply to discharge or
- Then on the right hand side you must tick one of the following boxes –
- a periodical payments only
- a periodical payments order or lump sum order under part 1 of the domestic proceedings and magistrates court act 1978.
- At the bottom of page 1 you will be asked if you are applying for a court order by consent in terms of a written agreement. If this applies to you please tick the yes box. What this means is you and your ex-partner have reached an financial agreement and these decisions and agreements have been written down on a piece of paper called a draft consent agreement. You will need to attach your draft consent agreement to your form A1.
- You will be asked if your application is for a financial provision including provision for the children –
- Part 1 will ask you further details about your financial application –
- If your application is made for any periodical payments or secured periodical payments for your children please tick the relevant boxes.
- If you have not ticked any of the boxes above with regards to periodical payments then you will be asked if the CSA (Child Support Agency) has made any calculations with regards to the children and if they have, you must give the reasons why the CSA is not involved anymore and why are you asking the court to deal with this or if they still are why you need more maintenance/top up than what was calculated by the CSA.
- You will then be asked to give details of the children if your form A1 application is with regards to your children. If there is not enough space on your form A1 please continue on a separate sheet of paper and attach it to your form A1. Please write your name, date of birth, case number and question number at the top of the sheet.
- Part 1 then continues on page 4 and will ask you if you are represented by a solicitor and for their details if you are. You will then be asked for the respondents address so they can be served with a court stamped copy of your form A1. The words ‘to serve the respondent’ means they receive a copy of your application form or any other court document that require them to be informed, respond, comply with directions or attend court.
- Part 2 will ask you to write the applicants and respondents details – name, address, telephone number, and email address.
- You will now be asked if there has been any previous court orders or written agreements regarding financial provision. Please tick the yes or no box. If the answer is yes, you must give details and attach a copy to your form A1.
- Part 3 on page 6 – It is a legal requirement for all divorcing couples to attend mediation before making an application for a financial remedy.
- Question 3a will ask if you have attended mediation. Please tick either the ‘yes’ or ‘no’ box.
- Question 3b will ask if you are exempt from mediation. Please tick either the ‘yes’ or ‘no’ box.
- You are exempt from mediation if you are a victim of domestic violence, in which case you need to complete part 4 of form A1. Please attach copies of any evidence you have to support your claim. If you do not have any evidence then please explain why in the box on page 13.
- If you and your ex-partner have tried mediation and it has been unsuccessful, then your mediator will need to complete part 5 of your form A1.
- Part 6 on page 15 will ask you to sign a statement of truth.
- Part 7 is a checklist for you to tick and check if you have completed the required parts of your form A1.
- As stated above please send 3 copies of your form A1 and all attachments to either your regional court centre or your local court dealing with the division of marital assets, finances and pensions. Page 16 ‘What to do next’ will also direct you to the correct address.
LINK TO GOVERNMENT WEBSITE FOR REGIONAL DIVORCE CENTRE
LINK GOVERNMENT WEBSITE TO FIND YOUR LOCAL DIVORCE CENTRE
WHERE CAN YOU FIND FORM A1/DOWNLOAD THIS FORM?
Please click on the link below to download form A1 from the government website. Please complete and send by post (signed for recorded delivery) to the court.
LINK TO GOVERNMENT WEBSITE FOR FORM A1
WHEN WAS FORM A1 FIRST PUBLISHED AND LAST UPDATED?
Form A1 was first published by the government (HM Courts & Tribunals Service) on 01-01-2018 and it was last updated on 08-10-2024.