Court Forms
What do I do if I need to apply to court?
If this is the case, unless a valid exemption to mediation applies, you will need to have your court form signed by an accredited family mediator to evidence that you have considered mediation. This is a legal requirement.
Once you have attended a Mediation Information and Assessment Meeting (MIAM), if mediation is not going to take place, or has started but broken down, your mediator is required to sign your court form if requested. It is not up to us to make a judgement about whether or not it is necessary.
However, both our Professional Standards and the Family Procedure Rules stipulate that a mediator’s signature goes out of date 4 months after the last date we saw you. So, any court application needs to be made during this time. Otherwise, it becomes a requirement to have a further MIAM meeting to ensure that the case information is up to date.
Mediators at Able Mediation are qualified to sign off court forms that relate to family court proceedings. However, because we must remain impartial, mediators cannot help you to decide whether or not to apply to court, or assist with an application. If you need help with this, it is best to consult a solicitor.
If you cannot afford to, or do not wish to, use a solicitor, there is an organisation called Support Through Court who can help you with your court application, and support you through the court process.
You can find out more about the court forms you may need by viewing the information below.
Forms Concerning Child Arrangements
Form C100 - Required if you can't resolve arrangements concerning children
Form C100 is the application form required for anyone who wishes to apply to court regarding decisions about children.
The mediator's information and signature page is required in section 4, page 12 on the application form. It is quickest to process an application online.
Form FM1 - Required for issues around parental responsibility and name change
Form C100 is the application form required for anyone who wishes to apply to court regarding decisions about children.
Form FM1 is only needed in conjunction with Forms C1 and C2 for specific matters including, but not limited to, transfer and/or termination of parental responsibility, permission to start proceedings and permission to change a child’s surname.
Forms Concerning Financial Agreements
Form A - Required if you can’t reach a financial settlement
Form A is a notice of intention to proceed with an application for a Financial Order.
When a person applies for a financial order they are seeking the intervention of a judge to decide how the family’s property and other assets should be divided between the divorcing couple.
This is the final option for people who are unable to negotiate a settlement between them, or with the help of a mediator or solicitor. A financial order can include the following sorts of arrangements/provisions:
- The transfer or sale of property
- The division of other assets
- Who takes responsibility for debts and pensions sharing
- To prevent the selling of assets
- To make changes to an existing order.
Form A1 – Required if you can’t reach an agreement concerning financial provision for a child or spouse
A financial remedy may be sought in situations where a claim needs to be made for financial provision for a child or spouse.
This can be in the form of regular maintenance payments, a lump sum or the settlement or transfer of property. It is also used to ask the court to enforce or alter an existing order for child or spousal maintenance.