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Form D651: Notice of application to vary or set aside a financial remedy (Form E1 calculator error)

Form D651
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Published By
HMCTS
Published Date
February 01, 2016
Document Format
PDF

Notice of application to vary or set aside a financial remedy (Form E1 calculator error).

Completing the form In the box on page 1 (top right-hand side) write the name of the court where the final order in these proceedings was previously made. The case number is the previous case number for your financial remedy proceedings. This will be shown on the copy of the final order you will have received at that time. If you have received a letter from HMCTS about the online HMCTS FormFinder Form E1 calculator error your previous case number will also be shown on that letter. You will be the applicant for the purposes of making this application on this form even if you were the respondent in your previous proceedings. Question 4 Set out what you are asking the court to do and why. For example, if you are asking the court to vary or set aside your final order due to the calculator error identified in an online HMCTS FormFinder Form E1 filed in your case, you should set this out. If you or your legal adviser have drafted a copy of the order you are applying for, please attach a copy to this application. Question 5 and 6 Most applications will require a hearing and you will be expected to attend. The court will allocate a hearing date and time for the application. In certain circumstances it may be appropriate for the court to deal with your application without a hearing, or via a telephone hearing. Question 7 Enter the name of the judge who made your final order. This will be available on the copy of the final court order you will have received at that time. If you have a copy of the final order, please attach a copy to this application. Question 8 Please confirm the details of the respondent and any other party who should be served with this application. If you do not know the respondent’s current address, please confirm this by writing in the box. Question 9 In this section please set out the information you want the court to take in to account in support of the application you are making. If you wish to rely on: • a witness statement, tick the first box and attach the statement to the application notice. A witness statement form is available on request from the court office. • a statement of case, tick the second box if you intend to rely on your particulars of claim or defence in support of your application. • written evidence on this form, tick the third box and enter details in the box provided. You must also complete the statement of truth (on page 3 of this form). Proceedings for contempt of court may be brought against a person who signs a statement of truth without an honest belief in its truth. Statement of Truth and signing the form You (or your solicitor if you have one) must sign the Statement of Truth and also sign the application on page 3 and write your current address in the box at the bottom of page 3. If you agree that the court and the other parties may communicate with you by Document Exchange, telephone, fax or email, please complete these details as well. Before returning your form to the court Have you: • completed all of the sections and answered all of the questions? • Have you or your solicitor signed the Statement of Truth and signed the form on page 3? • attached a copy of the previous final order if you have it? • attached a copy of the order you are applying for, if you have drafted one? • attached any documentation if you ticked box one or box two for question 9? • made sufficient copies of your application and supporting documentation? You will need to submit one copy for each party to be served and one copy for the court.

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