Filling in Form A

NornIronRose

Has anyone got experience of this please?
We need to fill it in with 'intention to dismiss' or similar wording. 

We have a consent order drawn up with the intention of each of us getting 50% equity in our jointly-owned home, ex husband is paying regular child support now. We are agreeing not to have any claim on each others savings or pensions. 

I need help with which boxes to tick on page 2.

The applicant intends:
to apply to the Court for
 or
to proceed with the application in the divorce/dissolution/nullity/annulment/(judicial) separation application for
or
 to apply to vary
an order for maintenance pending suit/outcome of proceedings
 a lump sum order
 a property adjustment order
 a settlement or a transfer of property for the benefit of the child(ren)
 a periodical payments order together with other financial provision
 a pension sharing order
 a pension compensation sharing order

 to apply to discharge a periodical payments order and to substitute for it one or more orders opposite
 a lump sum order
 a property adjustment order
 a pension sharing order
 a pension compensation sharing order

I think the rest of the form is quite straightforward as we don't need a MIAM as we have reached agreement. I need to make sure this is right so that it can be submitted ASAP. We have a buyer for our property and an accepted offer on a property for my daughter and myself. I need to make sure I don't lose that because of unnecessary delays. 

TBagpuss

Tick the box for a property adjustment order, which is the order to sell or transfer the house.
If you are the applicant in the divorce and are completing the form, tick the box saying you intend to proceed, if you ae the respondent tick the one saying you are applying to the court.

NornIronRose

Thank you so much TBagpuss. So helpful as always. 

NornIronRose

Order to sell the property, do we need that if we don't need the court to order it? We have agreed between us and just want them to sign ot off as it works for both of us. 
Where do I indicate that it is for 'dismissal'? 

VyEu

tick everything except variation. The draft order itself will say that all other claims are dismissed (and thereby addressing the claims you could have made but did not in fact do)

Have you got a sol to draft the order? You will need this. and yes if you intend to sell the property, you will need an order for sale clause in the order.
you will also need to complete a D81 form to be submitted to the court alongside a draft order.
the court will not approve an order if is it manifestly unfair to one party (with no explanation or indication as to how that party will meet their captial and/or income needs)

if you have agreed a consent order, the form A is solely for dismissal purposes (as per the online portal guidance)

NornIronRose

His solicitor drafted the consent order. I checked along with a solicitor friend, and refused to sign until it was a more accurate reflection of our situation. There is a clause in it which specifies that each of us will receive 50% equity from the property sale. D81 has been filled in (I think his was a D81 as the applicant, and mine was a D84 as the respondent).

Hoping that the court will see it as fair. He has more savings and pension and a higher income than me, but I can support myself and need this to go through so our chain does not fall apart (I really want the property that I have offered on as it meets my needs and I can afford it). 

I don't quite understand what you mean by 'tick everything except variation'. 

NornIronRose

I had ticked the boxes that TBagpuss specified.