Practical solutions to problems after separation and divorce
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Form FM1 and the Pre-application Protocol
If you intend to apply to court in connection with a family matter you may first need to consider if mediation can help to resolve the situation. If mediation can help, then your court application may be resolved much more quickly, or not be necessary at all.

If your court application is connected to private law child matters, including contact and residence, or if you are getting divorced and seeking a financial settlement, then you may need to talk to a mediator.

If your application is for emergency proceedings, seeking to enforce an existing order or if you are in agreement and applying for a consent order, then you may not need to consider mediation at this stage.

What happens next?

We first need to contact the other party to see if they are willing to use the service. If they are not, we will provide a signed copy of form FM1 which you must then attach to your court application. If the other party is willing, we will book you a mediation information and assessment meeting – you can attend this meeting either separately or together. If for some reason mediation is not suitable we will close our file and provide you with a signed copy of form FM1.

Please be aware that there may be costs associated with providing a form FM1 - check our costs page or download our factsheet.

If mediation is successful further court proceedings may not be necessary, particularly where the dispute is in relation to contact or residence of children. Mediated agreements can form the basis of a consent order in financial cases, although the agreement itself is not legally binding.

Even if mediation does not go ahead now, it may still be an option in the future. If your case does go to court, you may still be referred back to mediation.
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More Information:

Court Guidance
CB1 Children and the Family Courts
D183 About Divorce
D184 I want a Divorce
D185 Children and Divorce
D190 Financial Orders
D192 Judicial Separation

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Links to other sites:

Advice Now

Money Advice Service

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