Form E1 or Form E2

[dodgyex]

Exh has now got a solicitor involved regarding his application to reduce spousal maintenance. Court hearing is in August. They have said in their letter to me that a Form E1 is required and I thought it was an E2. Which is the correct one?

They are not the best as he has a paralegal assisting him and was a nightmare in the past.

Look at para 9.9B (3) (c) of this www.justice.gov.uk/courts/procedure-rules/family/parts/part_09#IDATNKMC.

If he's asking the court to replace the maintenance with a lump sum it's not the fast track, and so not a form E2. You actually want a Form E. E1 is not sufficient. If he's not asking for capitalisation it's not the full form E until the court directs otherwise, and you have to ask the court to remove it from the fast track within a certain time. See 9.18A. You must apply to court within 7 days of service.

Service of papers was in April so around 8 weeks ago

You'll need to write to the other side and ask if they agree that the chapter 4 procedure should be adopted. This will apply if wither one of you is asking for capitalisation. tell them if you are asking for this. They shouldn't want to waste the cost of going to the FDA and getting ordered to file full form Es. If they don't agree you'll have to use whichever form E the court directions have told you to file.

He reduced spousal maintenance in half in April and a couple of weeks later I received Form A where he is claiming he that as he didn't have legal representation in court and he's debts had increased to £150,000 since February 2018 when the consent order was signed that he wants to reduce spousal maintenance by £1000 a month.
I had lodged an application for breach of the consent order in April so two hearings pending. He doesn't have money as far as I know for a lump sum payment either especially with his claimed debts.

Thanks @Collaborate it's all very confusing and I cannot afford legal representation I'm still paying back £27,000 of debt incurred from the last hearings so I appreciate your help in this.

You perhaps ought to take some advice. £1,000 a month is a lot to lose compared to the cost of advice.

Aha, you've just saved me so much time today Collaborate!

Ha! I wish someone had done this around 3 months ago, when I had cause to research it.