A how to guide on ES2, which you are required to do as part of Financial Remedy proceedings, written by Wikivorce.
Introduction
The ES2 is used to list the assets, liabilities and income of the parties, this will make it easier for the courts to see who has what and help them make their decision on who gets what. Both parties will need to fill in the same ES2 form.
The form will ask you for information on -
Dependants (people that rely on you financially, such as children).
Your employment.
Bank accounts and savings.
Property.
Income.
Expenses.
Court orders.
Money you owe on bills and other money you owe (credit cards, loans etc).
Children's resources.
Before you start to fill out ES2 it is a good idea to gather all this information together first.
Who is required to fill in an ES2
The applicant and the respondent will need to fill out the same ES2 form, as it is a shared document.
When is the ES2 due
The ES2 is due at the same time as the ES1 which is 1 day BEFORE the first appointment.
Costs
There will be no costs to fill out ES2.
How to submit the ES2
The applicant is the one responsible for submitted the ES2 on time to the court.
ES2 is a shared document, meaning you will have to fill out one between you and your ex, you will need to send the form back and forth with each other. Please remember there is a comments section on the right side of the form to make comments on your ex's finances if you need to.
These images used in this guide are just an example of what is on the page to help you navigate the form, please make sure you are filling in the right sections.
This section is split in to 3 different types of property -
H's sole name - Property that is in the sole name of the husband
W's sole name - Property that is in the sole name of the wife
Jointly owned - Property that is owned jointly, either with your ex or another party.
You will need to give figures on the following -
Gross value - How much the value of the property is without any deductions.
Less mortgage - How much is left on the mortgage.
Less ERP -
Less costs of sale - How much it would cost to sell the property.
Less CGT - How much capital gains tax (CGT) you would need to pay if you sold the property.
Net equality -
Value of interest - How much interest you have in the property.
What kind of account it is and which bank it is with (e.g nationwide savings, barclays current account). You will put this information under 'husband' or 'wife' which ever is relevant to you, and then put the same information under 'joint' for any joint accounts you have, you will need to state that they are joint accounts. (e.g nationwide JOINT savings).
Account number, you will put this under where it says 'account number' on the spreadsheet.
In this section, you will be giving information on any investments/policies you may have. If you dont have any, you can just put N/A and more on to the next section.
You will need to give to following information -
What the investment/policy is, e.g. ISA, bonds, shares ect. You will also need to state if you have any capital gains tax on any of your investments/policies, you will put this under 'husband' or 'wife' whichever is relevant to you, and then put the same information under 'joint' for any joint investments/polices you have.
The number of shares you have under 'No. of shares'.
The price of the investment under 'Price'.
How much money you have from these investments/polices.
How much money you have from these investments/polices in total.
In this section, you will be giving information on any buisness interests you may have, if you dont have any, you can just put N/A and more on to the next section.
You will need to give the following information -
What the business investment is, e.g. shares, businesses, self employment, charities ect. You will also need to state if you have any capital gains tax on any of your business interests, you will put this under 'husband' or 'wife' whichever is relevant to you, and then put the same information under 'joint' for any joint investments/polices you have.
The percentage (%) of investment you have, under '% share'.
How much money you have from these business interests.
How much money you have from these business interests in total.
In this section you will be giving information on chattels, chattels are personal property belonging to one party or are jointly owned and they have been brought in to the marrige, e.g. furniture, art, collections, jewellery ect.
you will need to give the following information -
What the chattel is e.g. sofa, tv, necklace, engagement ring, painting ect.
In this section you will need to give the total amount of your non-pension assets, you can do this by adding all the totals you got in the previous sections together and writing the total in the box you are given.
In this section you will need to give the total value of all your assets including pensions, you can do this by adding all the totals you got in the previous sections together and writing the total in the box you are given.
In the last section, you will need to give information on your annual incomes.
You will need to give the following information -
Where you get your income from, e.g. salary, annual bonus, benefits, income from rental property you own, dividends, self employment ect.
If this income is gross or net.
How much you income you receive from each source annually.
How much income you receive in total.
There is a box to state how much income you receive every month at the bottom of the page, remember to fill this in too.
How to submit your position statement
To submit your ES2, you will need to file it with the court handling your case at least 1 day BEFORE the first appointment, you will also need to send a copy to your ex.
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