ES1 and ES2 are two of the most important composite documents in modern financial remedy proceedings. They are not part of the initial disclosure stage. Instead, they are prepared closer to the FDR and final hearing, and they shape how the judge sees the case.
Despite their importance, they are often confused with other forms. Some online guides incorrectly describe ES1 as the consent order statement of information. That is not correct. The statement of information for a consent order is Form D81. ES1 and ES2 are something entirely different.
This guide explains what ES1 and ES2 actually are, when they are used and what each must contain.
Financial remedy proceedings follow a structured path through the family court. After the application is issued and Form E disclosure has been exchanged, the case moves through:
ES1 and ES2 are documents the court expects to see at the FDR stage onwards. They are part of the Standard Family Orders directions and have become the standard way of presenting a financial remedy case to the judge.
Their purpose is to give the judge a clean, organised view of the case so they can quickly understand what is in dispute and what the financial position looks like.
ES1 is the case summary, chronology and schedule of issues. It is a single document that tells the judge:
ES1 should be concise. Most ES1 documents are between two and four pages. The court does not want a narrative account of the marriage. It wants a focused summary that identifies the issues so the hearing can proceed efficiently.
A well-drafted ES1 will include:
The schedule of issues at the end is often the most important part. It tells the judge exactly what they need to decide. A clear list of disputed issues makes the hearing run faster and demonstrates that the case has been properly prepared.
ES2 is the composite asset schedule. It is a single spreadsheet that brings together both parties' financial positions in one place. Where Form E shows each party's disclosure separately, ES2 combines both into a single overview that the judge can take in at a glance.
ES2 covers:
Each row shows both parties' figures side by side. Where there is disagreement on a value, the schedule shows both positions and notes the difference. The judge can immediately see what is agreed and what is contested.
ES2 is typically prepared as a spreadsheet with clear columns. The court expects to see:
The format should be consistent between the parties. The court guidance encourages the use of a single agreed ES2 wherever possible, with disputed figures clearly marked.
In most cases, the parties' legal representatives prepare ES1 and ES2 together. Where one party is represented and the other is a litigant in person, the represented party usually takes the lead and shares drafts for the other side to comment on.
If both parties are litigants in person, they are still expected to file ES1 and ES2 between them. Many litigants in person find this stage difficult, particularly the financial schedule, because it requires clean presentation of complex information.
ES1 is not the place for emotional context, allegations or detailed background. It is a procedural document. Save the narrative for your witness statement and stick to facts and issues in ES1.
If ES1 says the family home is worth £500,000 and ES2 shows it at £450,000, the judge will ask questions. Both documents must align.
Pension values, property valuations and account balances all change. The court expects figures to be current as at the date of the hearing, not the date of the original Form E.
Pensions are commonly under-disclosed. Every pension must appear in ES2 with its current cash equivalent value.
Where parties disagree on a value, both positions should appear with a brief note explaining the difference. A blank or a question mark will be queried.
The FDR is the hearing at which the judge gives an indication of what the court might decide if the case went to final hearing. To do that effectively, the judge needs a clear picture of the assets and the disputed issues.
A well-prepared ES1 and ES2 makes the judge's job easier and the indication more useful. A poorly prepared one means the judge has to spend the hearing trying to work out what the case is actually about. That rarely helps either side.
The court expects ES1 and ES2 to be prepared to a professional standard. For most cases involving any significant assets, taking specialist advice on these documents before filing is worthwhile.
A direct access barrister can prepare or review ES1 and ES2, identify any inconsistencies or weaknesses and ensure the documents present your case clearly to the judge. This is often the difference between a productive FDR and a wasted one.
Barrister Connect matches people directly with specialist barristers, without the delay or cost of instructing a solicitor first. Send us a short outline of the case, we identify the right barrister and you receive a fixed-fee quote before committing. Get in touch with our team to start.