FM1 form and time limit for it to be sent to court

Hi I''m the respondent in my case

Petition submitted by applicant 18/8/2015
Acknowledgment of service sent back 29/9/2015
Court sent my acknowledgment to applicant 20/10/2015

I attended mediation on 21/8/2015 though my stbx has not attended due to claiming she can''t afford £100 for a MIAM. The mediator has contacted me and asked if I want the fm1 form to go to court and said it has a 4 month expiry which will be 21/12/2015? I doubt I will have a degree Nisi by this date as bury St Edmunds have been so slow, does this mean I can''t submit my fm1 to the court until degree nisi? And if degree nisi doesn''t come through until after the 4 month expire I will have to go to another mediation session?

Hope someone can share any information

You can make an C100 application at any time - regardless of whether or not there are ongoing divorce proceedings and where those proceedings are at.

You don''t need to wait for the Nisi.

The Nisi is only really relevant for AR proceedings, where you would need to have that before reaching a FH.

Thanks ruby

Just so I understand, Nisi would be required to start the financial side of things?

Also this is where I''m confused on what to do. I own the FMH but my stbx has home rights meaning we are still living together and will carry on doing so throughout the divorce. Can I send in the c100 wanting child arrangement sorted even though we are all currently living together? Or is it for just when the two parents are living separately? Could a child arrangement only be put in place once the financial side is concluded?

No, you don''t need to wait until you have the Nisi before submitting the Form A (but you do need to have attended the compulsory MIAM) - you will require the Nisi before you have the Final Hearing for AR.

Yes, you can make an application in respect of the children while you are still living together - but if you continue to live together for a period of 6 months or more after the granting of the CAO, then the order will cease and come to an end.

I don''t see any point me starting financial side, form A. The house is in my name and I''m not going to seek spousal maintenance or finances in any way. I guess that would be down to my stbx to pursue? However I do want my sons arrangement to be sorted ASAP