The government has apologised for an error that may have led to mistakes in thousands of divorce settlements.
The slip-up in some versions of an automatic online calculator within Form E (Financial Statement) on the Her Majesty’s Courts and Tribunals Service (HMCTS) website was spotted by a family lawyer just before Christmas.
It meant that some parties disclosing their financial circumstances did not have certain debts or liabilities subtracted, resulting in the assessment of their wealth being inflated.
The error was quickly corrected and an inquiry set up to find out what had happened and how many people were affected, including couples in dissolution, nullity or judicial separation proceedings.
The probe has now been concluded and reveals that a total of 36,527 cases from the affected periods – April 2011 to January 2012 and April 2014 to December 2015 – contain Form E.
Of these, one in ten cases, 3,638, includes a faulty version of the form. However, 1,403 of these cases are still “live”, and officials are urgently alerting courts so settlements can be amended.
The HMCTS says not all the remaining 2,235 closed cases will have been wrongly calculated. Officials are writing to all the parties in these 2,235 cases setting out their options. It says some may choose to do nothing, while others are expected to apply to have their cases reopened.
No court fee will be charged for this application – although there will still be legal costs.
In a written parliamentary statement, courts minister Shailesh Vara said the full ramifications of the mistake were not initially apparent.
“This failure should not have happened,” said Mr Vara. “Divorce proceedings can be very difficult and I sincerely apologise for this situation and any distress it may have caused.”
Anyone who thinks they may have been affected can contact the dedicated HMCTS email address, formE@hmcts.gsi.gov.uk.
Amanda Adeola, of Macks Solicitors’ Family Law department, said: “It is unfortunate that this has happened to people who are relying on the government website for forms in circumstances where there is no longer public funding.
“It is highly unlikely that people who have legal representation will have been affected. The government has to learn from this and give further financial support to people who must now have their cases revisited.”
As the error was on the form on the HMCTS website, parties that completed forms with the assistance of solicitors are unlikely to be affected, unless they used the court website. Macks do not use the HMCTS website form as the firm has its own documents.
For advice on divorce and separation issues, contact our experienced Family Law experts on 01642 252828.
