What is an ES1 document ?

[Noah W]

An ES1 document is a key form used in financial remedy proceedings in England and Wales. Essentially, it's a case summary that provides the court with a snapshot of the financial situation of a divorcing or separating couple.  

Purpose

• Efficiently summarize the case: It gives the judge a concise overview of the key information, saving them time and effort.  
• Identify areas of agreement and disagreement: Both parties provide their perspective on key issues, highlighting where they agree and disagree.  
• Track costs: It includes a section for recording legal costs, promoting transparency and awareness of expenses.  

Contents

• Background information: Names of parties, dates of marriage, cohabitation, separation, details of children, solicitors involved, etc.  
• Financial information: Brief overview of assets, liabilities, and income (more detailed information is provided in the accompanying ES2 form).  
• Issues in dispute: Identifies the key financial matters the court needs to resolve, such as property division, spousal maintenance, child support.  
• Positions of the parties: Each party briefly outlines their desired outcome and their arguments.  

When is it used?

• Before every hearing: An ES1 needs to be submitted to the court before any hearing related to financial remedies.  
• Financial Remedy Court: Primarily used in the Financial Remedy Court, which handles financial matters arising from divorce or separation.  

Why is it important?

• Promotes transparency: Ensures both parties and the court have a clear understanding of the situation.  
• Facilitates settlement: Helps identify common ground and areas of disagreement, potentially leading to quicker resolutions.  
• Assists the court: Provides the judge with a concise summary, enabling them to manage the case effectively.  

Where to find it

• Online resources: You can find templates and guidance on completing the ES1 form on websites like the Ministry of Justice and Resolution.org.uk.  
• Solicitors: Your solicitor will be able to assist you in completing the ES1 form and submitting it to the court.  

If you're going through a divorce or separation and need to sort out financial matters, understanding the ES1 document is crucial. It's a key tool in ensuring a smooth and efficient process within the family court system.

Sources & Related Content

• https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/representing-yourself-in-court-as-a-litigant-in-person/financial-applications/#:~:text=The ES1 is a short,positions on the main issues.
• https://www.weightmans.com/media-centre/news/all-change-in-the-family-court-a-review-of-recent-reforms-designed-to-improve-efficiency/
• https://www.no5.com/2024/08/financial-remedies-proceedings-a-basic-guide/
• https://www.gov.uk/government/publications/myhmcts-financial-remedy-services-for-legal-professionals/quick-guide-for-using-contested-financial-remedy-services-with-myhmcts
• https://iflg.uk.com/blog/the-family-courts-transparency-pilot-scheme-one-year-on
• https://marks-law.co.uk/financial-proceedings-upon-divorce/

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Edited October 27, 2024 by Noah W