Form E is a form that you and your partner complete when dividing property, other assets, pensions, debts and deciding on maintenance as part of a financial settlement following divorce, judicial separation, or civil partnership dissolution in England and Wales. The aim of Form E is to ensure that full and frank disclosure is provided to help both the court and the parties understand each other’s financial positions, enabling a fair resolution of their financial matters.
Form E is only compulsory when the family courts are asked to make a decision on the division of financial assets on behalf of the parties involved in the form of a Divorce Financial Order (i.e. where they cannot reach a decision between themselves). However, even if there are no divorce financial settlement court proceedings, lawyers, more often than not, recommend that both parties complete Form E. This is because Form E provides an excellent, detailed and well-understood template to gather a comprehensive view of your finances. Without it, there is always a risk that some assets that ought to be divided may be overlooked.
If you have applied to the courts for a Divorce Financial Order, you must ensure that Form E is filed at least 35 days before your first appointment (check the date on your Form C or court notice). Where divorce financial matters are being decided outside the court, the parties may agree to a voluntary exchange of Form E. In this case, the earlier that both forms are exchanged, the quicker discussions regarding a settlement can commence.
Once Form E has been exchanged, both parties can review each other’s disclosures and raise any questions if information is missing, inaccurate or out of date. If both parties agree on a financial settlement, they can ask the court for a Consent Order to make the agreement official and prevent either party from making any future financial claims.
Due to the complexity of Form E, it is always recommended to consult a Divorce Solicitor to ensure that it is completed fully and accurately. Your Divorce Solicitor can also review Form E of your partner and advise on how to deal with any disclosure issues (e.g. if you are concerned your ex-partner is hiding assets or not telling the truth on their disclosure form).
An overview of Form E and supporting documents?
Form E is a long document that is made up of 30 pages and is divided into 5 sections, as follows:
- Section 1: General information – names, dates, children, occupations, health details, and addresses.
- Section 2: Financial details – descriptions and values of all property, money, personal belongings worth over £500, business interests, debts, income and pensions.
- Section 3: Financial requirements – income needs, capital needs, routine expenses and significant needs such as accommodation.
- Section 4: Other information – details of any significant changes in income or assets (e.g. inheritances)
- Section 5: Order – sets out the details of any settlement orders required, including pension sharing, requests for maintenance, and property sale or transfer.
Before completing Form E, it is always helpful to take the time to gather the necessary documents and information you will need. A full schedule of documents required to support Form E is set out on page 29 of the form. These documents will also be enclosed with the Form E application form. These documents include:
- Bank statements: Personal and joint accounts for the past 12 months
- Matrimonial home valuation: Must have been obtained in the last 6 months
- Payslips and proof of income: Recent payslips from the last 3 months and P60.
- Tax returns: Recent tax returns if you’re self-employed.
- Mortgage statement: Current mortgage statements showing outstanding balances.
- Pension details: Statements or valuations for any pension schemes or retirement plans.
- Investment statements: Details of stocks, ISAs, or other investments.
- Insurance policies: Details of life insurance, home insurance, etc.
What if my husband/wife refuses to complete Form E?
If you and your husband/wife are handling your divorce settlement between yourselves outside of the courts, neither of you is legally compelled to complete Form E. As such, your ex-partner can refuse to complete Form E. In this case, one option is to ask them to provide details of their finances in another way (e.g. a written document or spreadsheet). The risk here is that they may not provide all of the information required on Form E. If you would like them to complete Form E, you can ask the court to compel you both to complete the form to allow you to reach a fair financial settlement following your divorce.
If you have asked the court to reach a financial settlement on your behalf, your husband or wife must complete and submit Form E. If they fail to do so, they may be held in contempt of court and face serious legal consequences, including a fine or even imprisonment.
What if my ex-partner doesn’t provide a full disclosure on Form E?
If you have discovered that your ex did not provide full and frank disclosure on Form E, the actions you will need to take will depend on the progress of the court proceedings. If you find out while remedy proceedings are underway, it is important to inform the court as soon as possible of your concerns. If they agree that your ex-partner has failed to provide full disclosure, they may award you a larger share of the marital assets, issue a costs order requiring them to pay legal costs, or even consider contempt of court charges.
If the court has already made a decision on your divorce financial settlement and issued a financial order, you should still inform the court of your findings. A family law Solicitor can help you with this process and instruct a forensic accountant to back up your claim. The court may then change the settlement in your favour (i.e. so you receive a large share of the marital assets or more spousal maintenance), issue a legal costs order, and/or charge them with contempt of court.
