WHAT IS FORM EX741 USED FOR?

If you have been accused of domestic violence/abuse by your ex-partner then you can complete form EX741 and send it to the court to ask for the following –  

• NOT to let your ex-partner or witness question/cross-examine you directly themselves in person during a hearing –  You are entitled to do this under the Domestic Abuse Act 2021. If the court is aware of the domestic abuse involved in your case then in most circumstances the court themselves will send you form EX741 along with the court order informing you of the date of your court hearing. If the court does not send form EX741 to you then you can download it using the link at the bottom of this page, complete it and send it in for the court to consider.

• For the court to appoint a legal representative to question/cross-examine your ex-partner or witness for you if you are a litigant in person. This service is free of charge. Please note this legal representative will only question/cross-examine your ex-partner but will have NO part in any other part of your divorce. 

Once the court receives your form EX741 they will consider it and then inform both you and your ex-partner of their decision. If your form EX741 application is successful then the court will appoint a legal representative to question/cross-examine your ex-partner or witness. If your application is not successful then you will have to question/cross-examine your ex-partner or witness  yourself.  

You will need to prove to the court that being questioned by your ex-partner or a witness in person or questioning your ex-partner or witness in person yourself will cause you significant distress and you will not be able to give your best evidence. 

You must send your form EX741 to the court within 14 days of receiving the court order informing you of the date of the court hearing. 

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM EX741?

There are no government guides for this form at present.

WHAT IS THE FEE TO SEND FORM EX741 TO THE COURT AND HOW TO PAY FOR IT?

This form is free to send to the courts. 

HOW TO COMPLETE FORM EX741 AND WHERE TO SEND IT.

• NOTE 1 – The ex-partner that started court proceedings is known as the petitioner or applicant. The other ex-partner is known as the respondent.
• NOTE 2 – Your completed form EX741 must be sent to the same court where your case is being heard.
• NOTE 3 – You can complete form EX741 online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  4- If you find there is not enough space to complete your answers on your form EX741 then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 5 – You only need to send 1 copy of your form EX741 and evidence to the court.
• NOTE 6 – Please keep a copy of your form EX741, all evidence and attachments for yourself outside of the one you send to the family court.
• Form EX741 is 6 pages long.
• On the top of page 1 you will need to input the name of the court, your court case number and the date in the boxes provided. 
• At the bottom of page 1 there is a box labelled question 1. Please input your name in this box.
• Question 2 is asking you about your role in your court case – whether you are the applicant or the respondent. Please tick the appropriate box. 
• Question 3 will ask you the write the date of the next hearing in the boxes provided.
• Question 4 is asking if you have ever been cautioned (formally warned by the police), charged or convicted of a specified offence towards any party or witness in this court case. If the answer is yes then you are required to give the details and the date.

LINK TO GOVERNMENT WEBPAGE FOR SPECIFIED OFFENCE

• Question 5 will ask if you had any of the following court orders made against you in favour of any party or witness in this court case. The court order must be at a hearing where you had notice (you were aware off). If you have a copy of the court order then it should be attached to your form EX741. If you do not have the court order then please provide the case number and date the court order was issued in the space provided. Please tick the appropriate box –
  • • Non-molestation order
    • Restraining order
    • Protection from harassment order
    • Domestic violence protection notice
    • Domestic violence protection order
    • Domestic abuse protection notice
    • Domestic abuse protection order
    • Any other court order
• Question 6 is asking whether there is any specified evidence that you carried out abuse towards any other party or witness in your court case. If you tick the yes box then please give details and attach this evidence.  

LINK TO GOVERNMENT WEBPAGE FOR SPECIFIED EVIDENCE

• Question 7 is asking you if any party in your court case were to question you in person would this prevent you from giving your best evidence. If the answer is yes then you will need to write your reasons in the box provided. 
• Question 8 will ask you if any party in your court case were to question you in person would you find this upsetting. If the answer is yes then you will need to write your reasons in the box provided.
• Question 9 will ask you if you had to question any party or witness in your court case in person yourself would you find this upsetting. If the answer is yes then you will need to write your reasons in the box provided.
• Question 10 is asking you if you are applying to the court to stop any party in your court case from questioning you in person. Please tick the appropriate box.
• Question 11 is asking you if you want to apply to the court for a legal representative to question any other party or witness in your court case on your behalf. Please tick the appropriate box.
• Question 12 will ask you if you have a legal representative acting for you. If the answer is yes then you must give their details in the boxes in questions 13, 14, 15, 16, 17 and 18. If the answer is no then go onto the next part which is the statement of truth.
• On page 6 you will be asked to sign and date a statement of truth.

WHERE CAN YOU FIND FORM EX741/DOWNLOAD THIS FORM?

Please click on the link below to download form EX741 from the government website. Complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM EX741

WHEN WAS FORM EX741 FIRST PUBLISHED AND LAST UPDATED?

Form EX741 was first published by the government (HM Courts & Tribunals Service) on 21-07-2022.