Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Divorce on-line form E error

(6 Posts)
cdtaylornats Fri 18-Dec-15 07:52:56

www.bbc.co.uk/news/uk-35128010

I know a lot of people here are divorced or divorcing. If you or your lawyers used online form E I suggest you read the above link, you may be headed back to court.

traviata Fri 18-Dec-15 08:06:25

It obviously is a significant problem with the software.

But I think Nicola may be overstating it.

The reason why (as she thinks) "not a single solicitor, barrister or judge in the whole of the UK had noticed this error" might actually be because lawyers do their own calculation of the assets, they look at the separate entries in Form E for assets and debts, and they don't rely on the software calculation to reach a total.

i would be very surprised if a single divorce settlement were actually affected by this.

Collaborate Fri 18-Dec-15 10:31:11

I think it's more likely to have been a problem for litigants in person. Nowhere I've worked has used the court forms provided by HMCS. I don't know any solicitor's firm that doesn't use its own software.

traviata Fri 18-Dec-15 11:58:55

When a consent order is submitted to the court, AFAIK the judge doesn't look at that part of Form E - they look at the Form D81, where the parties have to put their figures down in summary.

Even with litigants in person - if one person says "you have £200k so I should have half of that", surely the second person would just say "but I haven't got £200k because you haven't deducted my credit card debts and the car loan".

Perhaps it would be a problem if the person who filled out the Form E went ahead on the basis that the automatic calculation of their own assets was correct, and didn't bother to cross check at all. But I wonder how often that actually happens.

Fuckitfay Sat 19-Dec-15 20:25:47

It's been completely overstated. Anyone who has got to the point of looking at a Form E is not going to look at a the automatic totals

I use the gov Form E in my current v small practice and I've been hand amending the total for months. It's so obvious on the page itself the total is wrong as it will say something like £1000 assets and £1000 liabilities and total £2000 and you immediately realise a basic calculation error has arisen. And then the liabilities page will spell it out. I'd be surprised if there was a single settlement in the land where an order had been made wrongly because of it. Most people can do simple subtraction.

0Dunbar Thu 24-Dec-15 02:58:36

I assure you every solicitor has noticed, the difference being we have been creative and sorted it ourselves. Any lawyer that doesn't check a Form E at least 3 times before filing needs a pretty swift kick fconfused

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now