When going through divorce or dissolution, certain financial matters will need to be resolved by agreeing on how to separate your money and assets, typically through a financial divorce settlement, consent order or clean break agreement.
In most cases, whether this is via mutual agreement or if you need to apply to the family court for a ‘financial order’, financial disclosure is made by completing a document known as Form E. During this process, both parties will be expected to make comprehensive, honest, and continuing financial disclosure to one another, setting out the full details of their financial circumstances. This article guides you through some basic information and frequently asked questions about this form.
What is Form E in Divorce?
The Form E document is a detailed questionnaire (around 28 pages long) you must complete and submit to the court when applying for a Financial Order during divorce, civil partnership dissolution or legal separation (judicial separation) proceedings. Each party must make a financial statement, setting out full details of their finances, with those details supported by clearly identified documents. You will also be required to include information about your needs and your children’s needs. Sometimes it is referred to as ‘Form E Financial Statement’ or an E Form. Whilst it is required during court proceedings, you can also use this form as part of voluntary discussions if you want to resolve financial matters out of court by creating a financial consent order or a clean break agreement. You can complete the form voluntarily and use it in negotiations with your former partner, such as those between your family law solicitors, during mediation, or during a collaborative law process.
You can download Form E through the Government website, and whilst it is possible to complete the form yourself, you should seek the advice of an experienced family lawyer or solicitor. Settling financial matters can often be one of the most complex issues to resolve during a divorce or dissolution. Having help from an experienced family lawyer will ensure the process is completed correctly and within your best interests.
Form E enables parties to exchange financial information and begin discussions on how assets should be divided. It differs from Form D81, which sets out to the family court the complete financial picture and explains the practical impact of the consent order or financial remedy order on family finances and living arrangements.
Read our previous article about the process when completing a D81 Form:
What information or documents are needed for Form E?
When completing Form E, you will be asked to attach several supporting documents to evidence what you have written is correct. The information and documents you could be asked to provide could include but are not limited to:
- General information about yourself, including details of your children
- Matrimonial home valuation
- Matrimonial home mortgage statement
- Personal bank, building society and national saving accounts
- Investments, life insurance policies, and pensions
- Business interests
- Employment income & self-employment or partnership income
- Details of debts and liabilities
- Income and capital needs for you and your children
- Details of the order you want the court to make
- A statement of truth
Do I Need a Solicitor to Fill out Form E?
The list above is only an example of some of the information you will be asked to provide, and many may find the 28-page document daunting. Whilst it is possible to execute the questionnaire yourself, seeking guidance and assistance when completing Form E can help alleviate some of the stress. Furthermore, a specialist family law solicitor can ensure that all the information is correct, which will mean it is more likely to be accepted in court, thereby making the whole process faster and less costly in the long run. A divorce solicitor specialising in financial matters can also ensure your legal rights are met and that the other party responds appropriately. They can carefully examine the disclosure provided and seek appropriate remedies if it is felt the other party are trying to mislead the process, act dishonestly, or if the information supplied is unsatisfactory. Form E should clearly state your needs and expectations for the divorce settlement, so you must complete it correctly to avoid severe consequences in the future.
Divorce and Financial Settlement Advice Kingston
We realise how distressing going through a separation or divorce can be, and financial issues can be incredibly challenging, with many complex matters to consider. Understanding which forms you need to complete and which options are suitable for you can seem confusing, but we can help.
Our specialist matrimonial finance solicitors in Kingston can assist with all aspects of divorce, dissolution and separation. We will be able to provide you with practical advice regarding all divorce financial settlement matters, consent orders, and clean break agreements.
For further advice on information in this article, divorce and other aspects of family law, please get in touch with our Family Law team today by clicking on the profiles below.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors