Part of: Financial Settlement after Divorce
Form E1 and Form E2 are both financial statements for family court proceedings in England and Wales, but they cover different situations. Form E1 is for a financial remedy that isn’t a standard divorce or civil partnership financial order, most commonly a claim for a child under Schedule 1 of the Children Act 1989. By contrast, Form E2 is for applying to vary a financial remedy order that already exists. Neither is the main Form E, which is for a first-time financial order in divorce, dissolution or civil partnership proceedings (Practice Direction 9A, Annex paragraph 35). Get the wrong one and the court, and the other party, are working from the wrong document before the case has even started. All three statements sit inside the wider process explained in our guide to financial settlement after divorce.
This guide explains what each form is for, which one fits your case, and when it is due. It covers England and Wales only.
Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law
Key takeaways
- Form E1 is the financial statement for a financial remedy claim that is not a standard divorce or civil partnership financial order. A claim for the benefit of a child under Schedule 1 of the Children Act 1989 is the example the court rules give (PD9A).
- Form E2 is the financial statement for an application to vary an existing financial remedy order, other than to capitalise periodical payments (GOV.UK).
- Form E, the long-form financial statement most people have heard of, stays the correct form for a first application for a financial order in divorce or civil partnership proceedings.
- A floor, not a ceiling. By agreement, and where more detail is needed, parties can use the full Form E instead of E1 or E2: the shorter forms are a floor, not a ceiling.
- Timing follows the procedure. Both of you exchange statements at least 35 days before a first appointment, or within 21 days of issue on the fast track (FPR 2010, rules 9.14 and 9.19).
What is Form E1?
Form E1 is officially the “Financial statement for a financial remedy in the family court or High Court” (GOV.UK), used, per Practice Direction 9A, to “give financial disclosure when resolving financial claims for the benefit of children” under Schedule 1 of the Children Act 1989 (PD9A, Annex paragraph 35). In practice, Schedule 1 claims are the case you’ll meet it in most often. A parent, guardian or special guardian can ask the court to order a parent to make periodical payments or pay a lump sum. The court can also order a parent to settle or transfer property for the benefit of a child (Children Act 1989, Schedule 1, paragraph 1). Your right to claim does not depend on the parents ever having married each other. This statement is the document both sides use to set out their finances so the court can decide.
After the court issues the application, a court officer usually serves a copy on the respondent. The officer also gives both of you notice of the first hearing date (FPR 2010, rule 9.12). The purpose is the same as the main Form E: full, honest financial disclosure. But the form itself fits a claim that isn’t a divorce financial order.
GOV.UK doesn’t treat it as a Schedule 1-only form, though. Its description is broader: the statement for a financial remedy other than, for example, a financial order or financial relief after an overseas divorce or dissolution. Both of those use the main Form E instead (GOV.UK). But for most readers arriving at this page, the Schedule 1 route is the one that applies.
What is Form E2?
Form E2 is the “Financial statement for a variation of an order for a financial remedy”, used, per Practice Direction 9A, to give financial disclosure “on an application to vary an existing order” (PD9A, Annex paragraph 35). For orders made on divorce, the power to vary a financial remedy order sits in section 31 of the Matrimonial Causes Act 1973.
Form E2 applies when an order already exists and something has changed since: a job lost or gained, a new partner moving in, retirement, or a child finishing full-time education. One party is asking the court to adjust what’s being paid, rather than starting a claim from scratch. It does not apply where the variation being sought is to capitalise (replace with a lump sum) an existing order for periodical payments; a different route applies there.
If the order you want to change covers payments for a child, our guide to varying child maintenance orders explains that situation in more detail.
How do Form E1 and Form E2 compare?
The table sets the two shorter statements beside the main Form E. The descriptions come from Practice Direction 9A and Part 9 of the Family Procedure Rules.
| Form E | Form E1 | Form E2 | |
|---|---|---|---|
| Used for | A first application for a financial order in divorce, dissolution or civil partnership proceedings | A financial remedy claim that isn’t a standard financial order, most commonly a Schedule 1 claim for a child | Varying an existing financial remedy order |
| Typical case | Divorcing and dividing matrimonial assets | A parent claiming child maintenance, a lump sum or property | Income has changed since the court made the original order |
| Length | Long, full disclosure with supporting documents | Shorter than Form E, still requires full disclosure | Shorter than Form E, still verified by a statement of truth |
| Due | At least 35 days before the first appointment | At least 35 days before the first appointment, or within 21 days of issue on the fast track | Within 21 days of issue for a periodical payments variation on the fast track; otherwise at least 35 days before the first appointment |
| Can you use Form E instead? | N/A: this is the standard form | Yes, by agreement, where more detail is needed (PD9A, para 37) | Yes, by agreement, where more detail is needed (PD9A, para 37) |
| Governing rule | FPR 9.14 | PD9A, para 35 | PD9A, para 35 |
Do you need Form E1 or Form E2?
- Applying for your first financial order in divorce, dissolution or civil partnership proceedings? You need the main Form E, not E1 or E2.
- Making a child maintenance, lump sum or property claim for your child under Schedule 1? You need E1. If you’re weighing up Schedule 1 against a Child Maintenance Service claim first, our child maintenance guide covers where a Schedule 1 top-up claim fits alongside a CMS calculation.
- Already have a financial remedy order and circumstances have changed? You need E2 to support an application to vary that order.
- Not sure which one, or think the case needs more detail than the shorter form gives room for? Parties can agree to use the full Form E instead of E1 or E2 (PD9A, Annex paragraph 37). It’s worth raising early, rather than filing the shorter form and finding it doesn’t cover what the case needs.
Is there a court fee for either form?
There’s no separate fee for filing either statement itself. The Family Proceedings Fees Order 2008 charges its fees when someone files an application. Neither financial statement appears in that list. The fee sits with the underlying application: the Schedule 1 application for E1, or the variation application for E2. Court fees change from time to time. So check the current fee against gov.uk’s court fees guidance, or ask whoever is helping with your case. Don’t rely on a figure from an older guide.
When are the financial statements due?
For the main Form E, the rule is precise: both sides exchange it, and file it at court, not less than 35 days before the first appointment (FPR 2010, rule 9.14). Form E1 and Form E2 follow the timetable of the procedure your application is on.
- Standard procedure. The same 35-day rule applies. A Schedule 1 claim that includes a lump sum or property follows this route.
- Fast-track procedure. Both of you exchange and file your statement no more than 21 days after the court issues the application (rule 9.19). When it issues the application, the court fixes the first hearing for a date 6 to 10 weeks after filing (rule 9.18).
- Which route applies. The fast track covers a claim for periodical payments only. It also covers an application to vary a periodical payments order, unless you’re asking the court to replace those payments with a lump sum, property or pension order (rule 9.9B). The court can move a case onto the standard procedure at any stage.
Check the notice of hearing, or any directions order in your case, for the deadline that applies to you. Don’t assume a figure from a general guide.
Frequently asked questions
What is the difference between Form E1 and Form E2?
E1 is for a financial remedy claim that isn’t a standard divorce financial order, most commonly a Schedule 1 claim for the benefit of a child. E2 is for applying to vary a financial remedy order that already exists. They apply at different stages, to different kinds of claim.
Do I need Form E1 for a claim for my child?
Yes, if the claim is under Schedule 1. Practice Direction 9A names E1 as the statement for financial claims for the benefit of children. Both parties exchange a financial statement and file it with the court before the first hearing.
When should I use Form E2?
Use Form E2 when a financial remedy order already exists and you’re applying to vary it, for example because income or care arrangements have changed. Use the main Form E for a first application for a financial order. Don’t use E2 if you want to swap periodical payments for a lump sum.
Is there a fee to file either statement?
No, not for the forms themselves. The court fee attaches to the underlying application (the Schedule 1 application or the variation application), not to the financial statement that supports it.
Can we agree to use the longer statement instead?
Yes, by agreement between the parties, where the case needs more financial detail than the shorter form allows. The full Form E asks for more extensive and detailed financial information than E1 or E2.
What if I file the wrong form?
The court and the other party are then working from a document that doesn’t match what your case actually needs, and putting that right takes time. If you’re not sure which form your case calls for, get advice before you file.
Unsure which statement your case needs? Get advice before it’s due
Filing the wrong financial statement on a Schedule 1 claim, or a variation application, can cost you time you don’t have if the case needs redirecting. If you’re not sure whether your case needs Form E1 or Form E2, book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances. You can also read more about financial settlement after divorce.
Expert Tip
People often ask whether the shorter statement is enough. Start by finding out which procedure your case is on, because on the fast track your statement is due within 21 days of the court issuing the application. Gather payslips, bank statements and pension details early. If your finances are complex, for example you’re self-employed or own a business, talk to the other side about using the full Form E early, not halfway through.
Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA)
