The new ES2 template which can be accessed here was published on 7th July 2025 and is now mandatory for all financial remedy cases.
As is explained in the accompanying explanatory note, whilst the fundamental format of the original ES2 template has been retained, the new ES2 template contains a number of helpful additions all of which are designed to increase efficiency and reduce scope for unnecessary arguments. These include:
- A grand totals box that sits at the top of the page, is always visible, and automatically populates as the ES2 is filled out;
- A currency-converter box which sits at the top of the page so that relevant cells can be multiplied by the relevant conversion rate;
- Case details at the top of the page along with a cell to indicate which version of a working or draft ES2 it is;
- The ‘agreed comments’ section has been renamed ‘agreed clarifications’ in an attempt to discourage its use as a forum for making submission points.
For the avoidance of doubt, and save as provided for in this latest guidance, all of the previous guidance issued by Mr Justice Mostyn in February 2022 (also accessible here in case you’ve forgotten it) is to be followed when completing this new-style ES2.
As the FRC Judiciary up and down the country are rightly expecting and demanding strict compliance with all aspects of the efficiency statement, and are becoming increasingly prepared to impose sanctions for non-compliance (including costs / wasted costs / taking cases out of the list) it is essential that this new-style of ES2 is used in all financial remedy cases from here on in.
Jack Harris
Head of Divorce & Financial Remedies
Date: 7 July 2025