Key Takeaways:
- Form E is something many people first encounter when sorting out finances during divorce.
- It isn’t part of the divorce itself; it relates to resolving financial matters.
- It asks for a detailed picture of your finances, supported by documents.
- This guide applies to England and Wales.
What Is Form E?
Form E is a detailed financial statement used to disclose your financial position during divorce and financial remedy proceedings. It’s roughly 30 pages and asks for information on everything you own, from income and savings to pensions, property and debts.
The form requires a financial disclosure – the process of sharing full and honest details of your financial position so that both parties can understand what is available before trying to reach a settlement.
Each person completes their own form and provides supporting documents for the information included.
Form E doesn’t decide how your finances will ultimately be divided. Instead, it provides the financial information needed to help negotiations take place or, where necessary, for the court to consider what would be a fair outcome.
What Does Form E Cover?
Form E looks at your overall financial position rather than just the assets you own jointly with your former partner.
You will normally be asked to provide information about:
- Your home and any other property you own
- Bank and savings accounts
- Investments and shares
- Life insurance policies (including any surrender valuations)
- Business accounts for the last two financial years (where applicable)
- Pensions
- Loans, credit cards and other debts
- Employment or self-employed income
- Benefits and other sources of income
- Your current and future financial needs
- Any other assets or financial interests that may be relevant
The form also asks about your personal circumstances, including children in the family and your housing and income needs going forward.
You should not assume that an asset doesn’t need to be included simply because it’s held in your sole name or located outside England. Check first before leaving anything out.
Do You Have to Complete a Form E for Divorce?
You don’t have to complete Form E simply because you’re getting divorced. Both parties will usually need to complete it where the court is being asked to decide their settlement through the standard financial remedy procedure.
Couples can also choose to exchange Form E voluntarily. This is often done through solicitors or as part of mediation so that both parties have a clear picture of the other’s finances before trying to reach an agreement.
If you have already agreed a financial settlement and are asking the court for approval by consent, a full Form E isn’t normally filed with the application. Instead, the court requires financial information through Form D81, which helps the judge consider whether the proposed agreement is fair.
When is Form E needed?
Form E is usually needed when one person has applied to the court for a financial order in connection with divorce.
In those circumstances, both parties will need to provide a detailed disclosure of their finances. The form gives the court and each party a standard way of setting that information out.
It can also be useful before court proceedings begin. For example, you and your former partner may agree to exchange Forms E while negotiating through solicitors or taking part in family mediation.
For a voluntary exchange, you can agree a timetable through your solicitors or mediator.
Are You Completing Form E Voluntarily or By Court Order?
Although the information being provided may be similar, there is an important difference between voluntary financial disclosure and completing Form E as part of court proceedings.
Form E as part of court proceedings
If financial remedy proceedings are underway, Form E becomes part of the court process.
Both parties will usually be given a deadline for completing and exchanging their information. Supporting evidence needs to be provided, and the form includes a statement of truth confirming that the information given is accurate.
It shouldn’t be treated as a rough estimate of your finances. Care needs to be taken to make sure the information you provide is complete and supported by the documents requested.
Voluntary Form E disclosure
You don’t necessarily need to start court proceedings to use Form E.
Your former partner may agree to complete and exchange Forms as part of negotiations or mediation. This provides a useful structure for disclosure and may help identify any areas in need of discussion.
The court timetable is not always the same where the exchange is entirely voluntary. You may agree to your own deadline through your solicitors or mediator.
Regardless of the route, any information exchanged needs to give both sides a reliable picture of the finances if used to settle.
What documents do you need for Form E?
One of the easiest ways to make Form E more manageable is to gather the documents you need before trying to complete the whole form. It also makes it easier to check that the figures match the evidence you’re providing.
Depending on your circumstances, this can include:
- Bank and building society statements covering the previous 12 months
- Recent mortgage statements
- Property valuations, where available
- Statements for savings, investments and shares
- Details of life insurance policies with a surrender value
- Recent pension cash equivalent valuations
- Your latest P60
- Your most recent three payslips
- Your P11D, if you receive one
- Business accounts if you own or have an interest in a business
- Information about loans and other liabilities
You may not need every document on this list. The form also contains a schedule showing which supporting documents need to be attached depending on the information you’ve provided.
It can be worth starting with anything that could take longer to obtain. Pension information is a good example, particularly where you have several private or workplace pensions from different providers.
If a required document is unavailable, add a short note rather than leaving the omission unexplained.
How Do You Fill In a Form E?
Form E can feel lengthy, but it’s easier to manage if you work through it in stages.
Here’s a look at what you can do:
1. Gather your documents
Start by collecting the supporting information you’ll need, such as bank statements, mortgage details, pension valuations, payslips and business accounts where relevant.
2. Complete your personal details
Add information about you, your marriage or civil partnership, your separation and any children of the family.
3. List your assets and debts
Provide details of your property, bank accounts, savings, investments, pensions, business interests and any outstanding debts or liabilities.
4. Set out your income and financial needs
Include your income from employment, self-employment, benefits, investments or pensions. You’ll also need to give details of your current and future financial needs, including housing and regular living costs.
5. Check everything against your evidence
Make sure the figures you’ve entered match the documents you’re providing. If a section doesn’t apply to you, use “N/A” rather than simply leaving it blank.
6. Review and sign the form
Check the information carefully before signing the statement of truth. The form requires full and accurate financial disclosure, so if you’re unsure whether something should be included, it’s worth checking before exchanging or submitting the form.
Under the standard court procedure, both parties must normally file Form E with the court and exchange it with each other at least 35 days before the first appointment.
What Happens If Your Ex’s Form E Is Incomplete?
When forms are exchanged, each side is allowed to review the information provided.
In some cases, there may be missing documents, figures or details to match the supporting evidence.
If financial remedy proceedings are underway, further questions can be raised as part of the court process, and additional disclosure may be requested where necessary.
An incomplete form won’t always mean someone is hiding money deliberately. There may be explanations to account for missing documents or unclear figures.
If you’re concerned that your former partner hasn’t disclosed an asset or provided incomplete information, it’s worth raising this with your solicitor rather than making assumptions.
What Happens After Form E Is Exchanged?
The financial disclosure process doesn’t always end after an exchange. Both sides will have time to review the other’s form and supporting documents. Anything that needs clarification or further evidence can be flagged.
What happens next depends on how you’re dealing with your finances.
If you’re negotiating voluntarily, the information can be used to help discussions through solicitors, mediation or another form of non-court dispute resolution.
If court proceedings are already underway, the case will continue through the financial remedy process, with the court giving directions about any further information or evidence that is needed.
Where an agreement is reached, the financial arrangements can usually be put into a consent order and sent to the court for approval. This is important because simply agreeing finances between yourselves doesn’t necessarily bring future financial claims to an end.
You may also find these guides useful:
Do You Need a Solicitor to Complete Form E?
Although you can complete Form E yourself, it’s useful to have expert legal advice.
BGW’s family law team can help you understand what needs to be included in your form and review the information provided by your former partner.
Where possible, we can also help you explore ways of resolving financial matters without going to court. If proceedings are necessary, we can guide you through each stage and make sure you understand what is required.
For an initial discussion, contact BGW Solicitors to arrange an appointment at one of our offices or by virtual meeting.