How to complete Form E – A step by step guide

Divorce or dissolution proceedings can be emotionally taxing, but when it comes to the financial aspect, understanding the role of a Form E can streamline the process significantly. NjP Solicitors have compiled this comprehensive guide, in which we delve into what a Form E is, when it’s compulsory, how to complete it, and the importance of seeking legal advice.

What is a Form E?

Form E is a crucial document required by the court during divorce or dissolution proceedings. Its purpose is to provide comprehensive financial disclosure, including income, assets, liabilities, and financial needs. This information assists the court in determining fair financial arrangements, ensuring both parties’ needs are met.

Is Completing a Form E Compulsory in Divorce?

The necessity of completing a Form E hinges on whether the divorce proceedings involve court intervention. If financial matters are being resolved through the courts, completing a Form E is mandatory. However, if both parties privately agree on asset division without court involvement, filling out a Form E is not obligatory.

How can I prepare for giving financial disclosure?

Ensure that you efficiently gather all your financial information by organising it systematically. Consider using a lever-arch folder with section dividers to assemble copies of necessary documents for financial disclosure promptly. Certain details, like pension information, might take time to acquire and could slow down the process. It is advisable to reach out to your pension or life insurance provider early if you lack this information. Additionally, consulting an accountant may be necessary for tasks such as calculating potential tax liabilities or obtaining updated accounts for businesses or self-employment.

How to Complete a Form E: A Step-by-Step Guide

When completing a Form E, there are several different sections which need filling.

These sections and the information required include:

1. General information about each party

• Name 
• Date of birth 
• Dates of marriage, separation, divorce etc. 
• Children (ages and educational requirements)  
• Health  
• Living arrangements 
• Any existing court cases.  

It is important you take the time to complete this section as accurately as possible based on your current situation.

2. Financial information (Part 1)

• Properties and Land 
• Bank Accounts 
• Savings 
• Money owed to you and any other assets over £500.  
• List everything with a current value over £500, so would usually include your car, possible a laptop or other electronic equipment and even some furniture.  
• You need to get the land registry number of any property, which you can get by calling your mortgage company or you can get a copy of the deed for £3 through the land registry here. 
• Any proceeds from a sale of property will usually be listed under your savings for example. 

3. Financial Information (Part 2) – Details of debts and liabilities

• List any liabilities (other than mortgages or bank overdrafts).  
• Credit cards.  
• Loans  
• Hire Purchase Agreements (HPA) or Personal Contact Purchases (PCP) 
• Capital Gains Tax you may have to pay if you dispose of one of your assets listed in Part 1. 

4. Financial Information (Part 3) – Details of business assets and directorships

• List any directorships held in the previous 12 months. 

5. Financial Information (Part 4) – Details of pensions

• List details of your private/workplace pensions (this does not include Basic State Pension). 
• You should have obtained a Cash Equivalent for each private pension you hold.  
• If you have not already done so, you should request one now from your pension provider(s).  
• If your pension is not in payment, they have to give you a free valuation each year, but have up to 3 months to get this figure to you. 

6. Financial Information (Part 5) – Other Assets

• This part allows you to disclose any other asset that you own. 
• Monies held by someone else on your behalf or work share schemes.  

It is basically a chance to make sure you have disclosed everything that does not fit into any of the previous 4 parts.

7. Financial Information (Parts 6-10) – Details of income

• Income you earn from employment 
• Income you earn from self-employment or a partnership 
• Income you earn from investments, dividends, interest or rental property 
• Income from state benefits 
• All other income 

8. Financial Details Summaries

• These two tables show the total of each category of asset you own, and a table to show your total income for the next 12 months.

9. Financial Requirements (Part 1)

• You must fairly list your income needs and that of any children living with you or provided for by you.

10. Financial Requirements (Part 2)

• You must list reasonable future capital needs for yourself and for any children living with you or provided for by you.

11. Financial needs for each party and their children

• How much income you and your children will need/be expected to live on, whether that be weekly, monthly or annually. 
• Expected income changes, this could include things like rent increases. 

12. Other Information

• Standard of living enjoyed during the marriage/civil partnership. 
• Whether your financial circumstances have changed significantly within the last 12 months. 
• Contributions made by either party, including both financial and non-financial. 
• Disabilities 
• Plans to remarry 

13. Order Sought

• In this section, the court will need to understand how you wish your finances to be split.  
• What are you requesting, for example, a clean break, a pension sharing order or a property transfer order. 

14. Statement of truth

• The court requires each party to fill and sign a ‘Statement of Truth’, which confirms that everything provided is entirely correct and fully represents their financial position and needs.

15. Supporting documentation

• This section allows you to list the documents or proofs that you need to accompany your disclosure. The level of proof here is higher than most other forms of disclosure. For example, you need to provide 12 months’ worth of bank statements for each bank account that has been in your name or to which you have any interest in.

Do I need a solicitor when completing a Form E?

Completing a Form E can take time and requires careful attention to detail to ensure accuracy. We at NjP Solicitors can guide you through the process, including filling out Form E correctly to reflect your financial situation. This helps you achieve a consent order that’s fair and aligns with your division preferences.

Without legal support, mistakes can happen. That’s why we recommend seeking assistance from a solicitor to avoid potential errors.

Why is full disclosure necessary? Some of my assets aren’t part of our marriage.

A Form E reveals your current financial standing, requiring disclosure of all assets, liabilities, and sources of income, regardless of their association with the marriage. However, this doesn’t imply automatic inclusion in marital assets or equal division in the financial order. Failure to disclose everything could lead to contempt of court and, in severe cases, imprisonment.

What if my ex falsifies a Form E?

If you suspect your ex has misrepresented their financial status on a Form E, seeking legal advice is crucial. You can address the issue in family mediation, requesting proof through the mediation process. If your ex persists in deception or refuses reasonable requests for proof, court intervention via a Form A application may be necessary, following a Mediation Information and Assessment Meeting (MIAM) or demonstrating mediation breakdown.

We both prefer to avoid completing a Form E. What alternatives do we have?

For a legally binding agreement, a financial consent order is required, with a minimum financial disclosure on a Form D81. This outlines total assets exceeding £500, properties, pensions, and liabilities without detailed breakdowns. Further information on financial disclosures is available in our Ultimate Guide.

What if my financial circumstances change after Form E completion?

You must promptly inform the other party and the court of any financial changes until a final order is issued. When completing a D81 for a consent financial order, the figures must be current at the signing. If your finances have altered post-Form E submission, updating the other party and the court is necessary.

How can I prove my ex’s dishonesty on a Form E?

Hiding assets is challenging due to electronic transaction records. Courts may estimate asset values based on available information. If you suspect asset concealment, a financial investigation can be requested through a solicitor.

What are the consequences of nondisclosure on a Form E?

• Lengthy court proceedings and increased divorce costs 
• Payment of the other party’s legal fees 
• Reduced financial settlement. 
• Court order to revisit the financial agreement, potentially years after divorce, incurring additional costs. 
• Possible imprisonment. 

Discover unparalleled expertise and unwavering dedication at NjP Solicitors, led by the formidable Natalie Moore. With over 25 years of experience as a top-tier solicitor, Natalie has honed her skills to perfection, delivering innovative and client-centred Family Law solutions. Trust in her unmatched insights and proven track record to navigate your financial remedy matters with precision and care. Don’t settle for anything less than excellence. Secure your peace of mind today with NjP Solicitors by your side.

Take control of your financial future. Contact NjP Solicitors today to speak with one of our experienced Solicitors. Your peace of mind is our priority!