Form B in Divorce

When can a Form B application be made?

A Form B application can be made once the conditional order has been granted, but before the final order has been made, as it is intended to pause the divorce process at that stage. Once the application has been issued by the court, the divorce or dissolution order usually cannot be made final unless the court is satisfied that the applicant should not be required to make any financial provision for the respondent, or that the financial provision made (and not merely proposed) by the applicant is fair and reasonable, or the best that can be made in the circumstances.

Where there are specific circumstances in which the conditional order should be made final without delay, the court may allow this, however this permission will usually only be given once a satisfactory undertaking has been received from the applicant (in the divorce matter) that they will make such financial provision for the respondent as the court may approve.

How does a Form B application work?

An application made by way of Form B is treated similarly to a standard financial remedy application. The person making the application must attend a MIAM beforehand (unless they can claim an exemption), and the court will consider a similar checklist of factors when making its determination.

A successful Form B application will not give the respondent any financial right or entitlement beyond that which would have been available under a typical application for financial remedy. It also cannot be made if financial remedy proceedings are underway. Its key purpose is to grant the respondent a general right to delay making a divorce or dissolution order final so that their financial claims can be properly assessed. One of the key circumstances in which this might be significant is if the applicant wishes to proceed with the final order despite that the pension benefits have not yet been divided, therefore potentially impacting the respondent’s entitlement.

Use of the Form B

As an application for special protection, Form B requires careful attention, and should only be made in specific circumstances. The court will decline a Form B application if financial provision can conveniently and appropriately be dealt with under an ordinary application for a financial remedy, and costs orders may even be made if the application is made indiscriminately. Given the careful balancing act in considering whether a Form B application would be appropriate in your case, it is important to take legal advice as early as possible.