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
Tags: disclosure, divorce, Family Procedure Rules 2010, Form E, Siaro
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Hi Alan
I simply need to know if I need to form in another Form E or Form E1.
I was divorced 3 years ago and have been paying spousal maintenance set by the court for that period. My ex-wife has now re-applied to the court for an extension of that maintenance agreement as she claims she cannot work herself due to depression (!)
As I am already divorced it would appear that form E is no longer applicable.
Your advice please.
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Hi, can you tell me should i challenge my ex for stating on Form E2 that he is responsible for his partners son 5 days a week when he states at housing situation that he pays rent to live there.? ( £450/ month) The child is fully supported by his own father and mother.
Ex is applying to vary the order down as one of our two children now live with him. His income has increased by £1000/ month since the order was made 18 months ago., although mine has gone down. I have lost £400 in benefits because my son left so a further reduction in my global ( includes spousal) maintenance )would be a huge whammy. Plus lifestyles are vastly different ( new partner has large house, no mortgage and her own income) Ex refused to give full disclosure on previous Form E , including partners income.
I feel that although Form E isn’t relevant for us for house and assets and pension, Form E 2 is too brief.-
do i need to fill in an e1 form when iam on benfits i have no job or savings and care for our 4 children,my soon to be ex works full time in the polce.thank you.
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I am using a Form E to take my ex back to court for an application to vary spousal maintenance.
I am acting for myself..BUT my ex is retorting (under solicitor’s advice) with a Form E2.
Thus I guess I am going to have to ask a lot of questions as my ex is much better off than I am…
so for me Form E all the way !!
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