Archive | April, 2011

Form E=MC2

Form E – Towards a new theory of relativity

With all apologies to Einstein I would like to propose a re-formulation of his classic theory E=MC2.  As follows:

E = Form E

M= Matrimonial

C = Confusion

2= both spouses/civil partners

The expense of the divorce case is accelerated by the Form E creating Matrimonial Confusion in the minds of both spouses.  Many people struggle with the Form E  (some lawyers too, I dare say) and it is a form that can catch out the unwary.  Luckily, instead of just one Form E, we now have three Forms E.  Simple.

The Family Procedure Rules 2010 came into force on 6th April, 2011.  One of the changes introduced is the splitting of the olde worlde Form E into three new forms:

Form E – this is the document that should be used by husbands and wives or civil partners in divorce or civil partnership dissolution proceedings to disclose their finances when applying for a Financial Order or if applying for financial relief following a divorce or dissolution overseas.  This is by some margin, the largest and most complex  financial disclosure document designed to torture lawyers and clients alike.  Fortunately, I expect the Siaro platform to be able to generate a Form E for family lawyers with virtually one click which should produce costs savings for clients.

Form E1 – this is the document that should be used for any other financial remedy in the County Court (in other words, do not use this form if you are divorcing your spouse or civil partner).  Form E1 is suitable for claims made on behalf of children under Schedule 1 Children Act 1989 (for instance, if the children’s parents are not married or in a civil partnership).

Form E2 – this is the document to use when applying for a financial order in the Family Proceedings Court (the Magistrates’ Court).  It is simplified and presumes that the parties will have a small capital base and modest income.

To attempt to shine some light on these Forms I will be dealing with certain pages or sections of the documents as and when they appear to cause some difficulty right here