How Do You Fill In A Form E In Divorce Proceedings?
October 2024
A Form E is a 30 page statement which the court requires each party to a financial case, within divorce, to complete. The form requires you to set out a comprehensive overview of your financial information supported by relevant documents.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
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This form is also used by lawyers to exchange financial information, when there are no court proceedings as this form provides a bench mark for the level of financial disclosure each party should make in each case.
You are required to provide information about any:
Property you have an interest in
Any bank, investment or other accounts you have
Any personal assets with a value over £500
Any pensions your hold
Your income from all sources, including any benefits received
Your business interests
Anything else that may affect your financial circumstances going forward.
Each party has a duty to make full and frank, open and honest disclosure in their form E. Set our your financial picture exactly as it is. The information in your Form E should be up to date at the point the Form E is signed. It is also important to ensure that the information provided is complete and accurate, and to communicate with the other party’s solicitors if any information is pending. The Form E cannot be misleading.
The Form E also asks you to set out your financial needs; both income and capital going forward. Most people will require housing as a future capital need. Give thought to what size property you will require for you and your family and it’s location. Then identify the cost of such property for your Form E.
Regarding your future income needs, create a list based on your known current expenditure. Include utilities, personal debts, food, child related expenses, travel/ motor expenses as a minimum. If you have annual expenses such as car insurance, divide that cost by 12 to create a monthly total that covers all your anticipated needs.
When filling out Form E, you should include significant details about your health and that of any children.
You must attach essential documents as specified in the form, such as bank statements, property valuations, and pension forecasts (BR19, BR20 forms). There is a checklist at the end of the Form E.
Whether you are in in proceedings or making disclosure on a voluntary basis, it is considered best to exchange your form E simultaneously with your spouse.
The guidance notes accompanying Form E provide useful explanations on how to complete it, and it is advisable to start working on the form as early as possible to avoid last-minute rushes.
There is space to raise any relevant conduct by the other party if it is exceptional enough. Not all conduct is considered exceptional enough to be taken into account when addressing financial issues between the parties.
If you have remarried, formed a civil partnership, or are cohabiting with another person, you need to provide brief details of their income, assets, and liabilities as far as they are known to you.
In summary, completing Form E involves gathering and disclosing detailed financial information, attaching necessary documents, and ensuring the accuracy and completeness of the information provided. It is a critical document in financial order proceedings and should be prepared meticulously.
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