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The Form E is a key document used in financial remedy proceedings arising from divorce or dissolution of civil partnerships. It is completed by both parties and requires each to give full and frank disclosure of their financial circumstances.
Completing the Form E is typically the first step in the court process. However, it is also frequently used outside court in voluntary settings, such as mediation or solicitor-led negotiations.
The form provides a detailed overview of each party’s financial position. Without detailed financial disclosure from both sides, your solicitor would not be able to provide informed advice regarding a potential financial settlement.
For this reason, Form E is a crucial stage in resolving financial matters, whether within court proceedings or through non-court dispute resolution
The Form E is divided into several sections and is designed to provide a full picture of a person’s financial circumstances. It includes detailed information about assets, income, pensions and liabilities.
Section 1 – General Information
This section sets out key background information, including the date of the marriage/civil partnership and separation, as well as details of the divorce or dissolution proceedings. It also includes information about any children of the family, such as:
Health concerns affecting either the party or the children
Current and proposed future educational arrangements
Any other relevant personal circumstances that may need to be considered
This initial section provides important context to help the court or negotiating parties understand the broader family situation.
Section 2 – Financial Details
Section 2 is the core part of Form E, focusing on the financial details of each party. It requires comprehensive disclosure of all aspects of your financial position. The information requested includes, but is not limited to:
Any interest in property, and mortgage information relating to this
Bank accounts, savings accounts and investments
Personal assets, such as valuable belongings, money owed to you and life insurance policies
Details of any liabilities or debts
Information about your income, whether from employment, self-employment or business interests
Full disclosure of all pension arrangements
This section forms the foundation for assessing financial needs and negotiating a fair settlement. It is important that all information is accurate and up to date and documentary evidence is provided in support.
Section 3 – Financial Requirements
Section 3 focuses on the income and capital needs of the party completing the form, as well as any dependent children who will be living with them. This includes an outline of current and future financial requirements to ensure that appropriate provision can be considered during settlement discussions.
Section 4 – Other information
Section 4 provides the opportunity for a party to outline any additional factors they believe should be taken into account by the court or during settlement negotiations. This may include the standard of living enjoyed during the relationship, any particular contributions a party says they have made during the relationship and any relevant conduct by the other party which has an impact on financial matters. It is important to note that conduct is only considered in exceptional circumstances.
The threshold for conduct to impact the financial outcome is high, and such arguments are rarely successful unless the behaviour is particularly serious and has financial implications. Details of any anticipated changes to income or asset positions as well as reasonably foreseeable inheritance prospects can be included at these sections.
Supporting documents
When completing the Form E, it is crucial to understand that the information provided must be supported by appropriate evidence. This means that for every financial detail you disclose, you will need to submit relevant documents to verify its accuracy.
For example:
If you declare any bank or savings accounts, you will be required to provide statements covering the past 12 months for each account.
For properties, you need to provide mortgage statements, valuations or deeds.
Details of pensions should be supported by statements from the pension providers.
Evidence of income, such as payslips or tax returns, is required.
Similarly, any liabilities, such as loans or credit card debts, should be supported by documentation like loan agreements or statements.
Providing these supporting documents ensures transparency and helps build a clear financial picture for both parties and the court. It also allows your solicitor to give you accurate advice and negotiate effectively on your behalf.
Speak to our expert team
At Sinclair Law we specialise in family law and have helped hundreds of clients through divorce with care, expertise and understanding. We offer a free 30-minute consultationto new clients so you can discuss your situation, ask questions and receive clear advice about your options.