Divorce Form Error Could Have Led to Unfair Settlements: What Happened, Who’s Affected, and What You Can Do Now

In December 2015, the Ministry of Justice confirmed a critical software error in the online version of Form E—the standard financial disclosure form used by divorcing couples in England and Wales. The glitch appears to have miscalculated some users’ net worth by failing to subtract liabilities, potentially inflating figures presented to the court. Because judges rely on these figures to approve consent orders and make financial remedies orders, this error may have led to unfair divorce settlements for people who used the faulty online form between April 2014 and early December 2015, when the issue was fixed.

If you finalised a divorce financial settlement in that period and used the online Form E tool, this article explains the problem in plain English, how to check if you were affected, and the practical steps you can take to protect your position.

What is Form E and why does it matter?

Form E is the cornerstone of financial disclosure in divorce. Each party sets out their assets, liabilities, income, needs, and future plans. It is used in both contested proceedings and in many cases where the parties reach a negotiated agreement that is then turned into a consent order for the court to approve.

Accuracy is essential. The court’s job is to achieve fairness in line with section 25 of the Matrimonial Causes Act 1973, weighing up each party’s resources and needs. If the numbers are wrong, the starting point for fairness is skewed. That is why an error inside a government-provided calculator is so serious.

The error in a nutshell

The online Form E tool contained a miscalculation at a key point where the form should total assets minus liabilities. Instead, in some cases it reportedly ignored liabilities entered earlier in the form, producing an inflated net figure. If a settlement or order was based on that inflated figure, the outcome could be materially unfair.

Not everyone will have been affected:

• Many couples and lawyers completed paper versions of Form E or used their own spreadsheets and double-checked the maths.
• Even where the online tool was used, an attentive practitioner or judge may have spotted and corrected the error.
• Some settlements might still be fair despite the miscalculation, because other factors (needs, housing, childcare, pensions) dominated.

The risk sits with cases where the parties relied on the online totals and no one recalculated them independently.

Could my settlement be wrong?

Ask yourself three quick questions:

1. Timeline: Did your financial disclosure and settlement happen between April 2014 and early December 2015?
2. Tool used: Did you (or your former partner) use the online Form E on the Ministry of Justice website rather than a paper form or a law firm’s own spreadsheet?
3. Review: Did anyone recalculate the totals manually or query the net figures before the court approved the order?

If you answer “yes” to the first two and “no” or “not sure” to the third, you should investigate further.

How to check whether you were affected

1. Find your paperwork. Locate your completed Form E, any attached schedules, and the final order (consent order or court order). If you don’t have copies, your solicitor (if you had one) should, or you can request them from the court.
2. Recalculate your figures. Independently add up each category of assets (property, savings, investments, business shares, vehicles, valuables) and subtract each category of liabilities (mortgages, loans, credit cards, tax owing, business debts). Do the same for your former spouse’s figures if you have them.
3. Compare to the filed totals. If your manual net figure differs from the figure on the filed Form E, note the size of the discrepancy and whether it would likely have influenced the settlement terms.
4. Check sensitivity. Ask: if the correct liabilities had been deducted, would the distribution of assets, lump sums, or maintenance have been materially different? For example, a miscalculation that changes a party’s net worth by £30,000 could easily affect a lump sum or property transfer.

If the difference appears material, you should seek specialist family law advice about next steps.

Legal routes to revisit an unfair order

English family law allows limited routes to reopen or set aside a financial order in exceptional circumstances. The right route for you depends on the nature and timing of your case. A solicitor will look at:

• Mistake or procedural irregularity: If the court approved an order based on materially incorrect information produced by the official online tool, you may be able to argue that the consent order should be set aside due to a mistake.
• Non-disclosure or misrepresentation: If one party’s disclosure was wrong and they knew or ought to have known, the court can revisit. Here, however, the source of error was the calculator, not deliberate concealment.
• Barder events: In rare cases, a supervening event that undermines the basis of the order allows the court to set it aside. The Form E issue is not a post-order event, so this doctrine is not a natural fit.
• Variation of maintenance: Periodical payments (spousal maintenance) can often be varied if circumstances justify it, even when capital orders are final. If a miscalculation fed into a maintenance figure, you may be able to apply to vary.
• Appeal out of time: If your order is recent and the miscalculation only came to light afterwards, an appeal may be possible depending on dates and merits.

The court is always guided by fairness, proportionality, and finality. It will ask whether the mistake made a real difference to the outcome. If the error is marginal, the court may decline to reopen. If it is substantial, the court has tools to correct injustice.

Timing and practicalities

• Act promptly. Courts expect parties to move quickly once they discover a possible defect. Even where there is no hard deadline, delay can undermine your case.
• Proportionality matters. The cost of reopening should not exceed the potential benefit. A small discrepancy may not justify a full application.
• Evidence first. Before you file anything, assemble a clear paper trail: the original Form E, your independent recalculations, and a short note explaining how the error fed into the terms of your order.

If you’re mid-divorce or negotiating now

If your case is still ongoing:

• Use paper Form E or a law firm spreadsheet and double-check all totals.
• Ask your solicitor to cross-verify the arithmetic and include a simple net-worth schedule in your statement of issues.
• Where possible, exchange supporting documents (bank statements, mortgage statements, loan agreements) that corroborate the liabilities the calculator must deduct.

The online tool has since been corrected, but good practice is to trust, then verify.

What HMCTS said and how they may help

At the time the issue surfaced, HM Courts & Tribunals Service indicated it would identify cases where the error may have had an impact and write to those affected. If you suspect you were missed or moved house, you do not need to wait for a letter. You can:

• Contact the court that approved your order and ask how to request copies of your file.
• If you used the online Form E tool, keep a record of that fact and any internal references that prove which version you used.

Your solicitor can make these enquiries on your behalf and advise whether to approach the other party for a consensual review before making a formal application.

What outcomes are realistic?

Every case is fact specific, but typical remedies include:

• Recalculated lump sum or property adjustment where the misstatement of net worth was material to division.
• Adjusted pension sharing if the error changed the balance of capital.
• Variation of maintenance to reflect the true financial picture.
• Costs orders in limited cases, though courts are cautious. If the state-provided tool was the source, the court will focus on fixing the outcome rather than punishing parties.

Remember: even if an error is established, the court still aims for an order that meets needs and is fair overall. A correction will not necessarily recreate the past negotiation; it will set a fair new baseline.

Step by step: your action plan

1. Gather documents: Form E, schedules, consent order, and any emails or notes about how your figures were compiled.
2. Recalculate: Prepare a clean, independent net-worth calculation for both parties as at the time of settlement.
3. Assess materiality: Estimate how the corrected figures would have affected the order’s terms.
4. Take advice: Speak to a family law solicitor about the best procedural route in your circumstances.
5. Engage sensibly: Where possible, approach your former spouse (via solicitors) to see if a consensual correction can be agreed and submitted for approval, saving time and cost.
6. File if needed: If agreement is not possible and the discrepancy is material, consider an application to set aside or vary as advised.

FAQs

Does this affect everyone who divorced in 2014–2015?
No. It only potentially affects those who used the online Form E tool during the affected period and relied on its incorrect totals.

What if I used a paper Form E?
Paper forms completed correctly and checked manually should be unaffected.

What if my settlement seems fair anyway?
If your corrected figures do not change the outcome in a material way, the court is unlikely to reopen the case. Still, consider taking advice to be sure.

Can I recover my legal costs for revisiting the order?
Possibly, but costs are always discretionary. Courts prioritise correcting the outcome, not apportioning blame.

Will reopening harm my ability to move on?
Reopening can be stressful, so assess proportionality. A short, targeted review with an agreed correction is often achievable where both sides accept the error.

Final word: fairness first, facts second, process third

The justice system relies on accurate financial information. If a state-provided tool undermined that accuracy, it is right that affected cases get a path to correction. Your first job is to establish the facts—were your figures wrong, and by how much? With clear numbers and timely advice, many couples can resolve any unfairness without a protracted fight.

If you want help checking your Form E figures or exploring whether your settlement can be revisited, we can review your paperwork, recalculate the numbers, and outline your best next step within a fixed-fee consultation.

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