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If you need the court to assist with financial matters on divorce or dissolution, you and your former partner will have to complete a document called Form E. Your family lawyer may also ask you to (and help you) complete Form E if you want to resolve financial matters with your former partner voluntarily out of court.
At first glance, Form E can seem complicated. However, much of the information you need to provide is fairly straightforward (for example, details of your family home and what bank accounts you have). That being said, it is always important to consult a specialist divorce solicitor to help you fill out the form accurately, ensure it fully represents your financial position and clearly sets out what you expect from the resulting financial arrangement.
Below, we explain exactly what Form E is, why you need it and what needs to be included to make your divorce or civil partnership dissolution as smooth and straightforward a possible.
Form E is document you must complete and submit to court if you are applying for a Financial Order during divorce, civil partnership dissolution or legal separation (judicial separation) proceedings. It is a financial statement of all your income and expenditure as well as information about your needs and the needs of your children. It is also sometimes referred to as a ‘Form E Financial Statement’ or an ‘E Form’.
Form E can also encourage honesty, fairness and consistency during financial settlement discussions with your former partner. By completing the same form, you can make sure that your partner is disclosing the right details about your financial position. It also saves you the trouble of having to complete it if you later need to go to court – there are strict deadlines for completing the form so doing it early on can save you a lot of stress.
You can download Form E through the Government website but your family lawyer will usually complete the form on your behalf (with your input and approval of the contents).
Form E is only compulsory if you or your former partner need to apply to court for a Financial Order. The form helps the court make an accurate assessment of your financial situation and needs and make a fair decision about how your finances should be divided and arranged.
For most divorces, a Form E is not strictly required because many couples are able to come to an agreement without involving the courts.
However, where a couple is able to come to a voluntary agreement, they may apply to court to make their agreement legally binding in the form of a Financial Consent Order. For these applications, you must provide the court with information about your finances so that the judge can decide whether your agreement is fair. To assist the court in this, it is typically advisable to provide a Form E as it is a clear statement of your finances and needs.
As well as Form E, there is also a document called Form E1. Although they sound similar, these forms are used for different purposes.
Form E is used in divorces and dissolutions. Form E1 is used for financial remedies other than a Financial Order or financial relief in international divorce and dissolutions, for example, for claims in respect of children where the parents are not married or in a civil partnership.
There is also another document called Form E2 which is used when applying to vary an existing Financial Order.
Form E is divided into several sections:
All information you provide in your Form E must be honest and accurate to the extent of your knowledge. The court will require you to sign a Statement of Truth stating that you believe that the facts provided in the Form E are true.
You must attach all relevant documents to your Form E to evidence your financial statement and complete a Schedule of Documents setting out what documents are included and whether you will provide any documents later on.
The documents you should include if applicable are:
Unfortunately, it is common for people to bend the truth or outright lie during divorce financial proceedings, for example, by failing to declare their assets and/or income on their Form E. Some people even go the extra mile and actively transfer or dispose of assets with the goal of depriving their former partner in the divorce settlement.
However, while it is understandable to feel angry and upset about the divorce, dishonesty is not allowed and (in some extremely serious cases) could even lead to the culprit being fined or sent to prison for contempt of court.
When negotiating the divorce financial settlement, both you and your partner must give full and frank disclosure of your assets and income (usually in the form of Form E). Both of you must also sign a Statement of Truth declaring that you believe the information provided is accurate.
If you suspect that your former partner has been less than honest, it is important to consult your solicitor straight away so they can help you take steps to correct the situation:
Technically, you do not need to instruct a solicitor to help you complete Form E. However, as set out above, it is a long form and there can be serious consequences for filling it in incorrectly.
A divorce solicitor who specialises in complex financial cases will ensure that your Form E is completed accurately and clearly sets out your needs and expectations for the divorce financial settlement. They can also provide advice where your former partner acts dishonestly, including taking legal action to try to recover hidden assets, discover undeclared income, and prevent the transfer and disposal of assets.
At Crisp & Co, our lawyers are wholly dedicated to the practice of family law and can offer you a highly specialised and bespoke divorce service.
We regularly handle divorces involving complex financial matters, such as High Net Worth assets and individuals, international assets, business interests and investment portfolios. We are also skilled at helping individuals whose former partners are attempting to conceal assets and income from the divorce proceedings.
We are members of the Law Society Family Law Advanced Accreditation scheme for our independently recognised expertise. We are also members of the Lexcel Accreditation scheme for our general legal practice management skills and high quality standards of client care.
Crisp & Co is independently regulated by the Solicitors Regulatory Authority (SRA).
Get in touch with our divorce solicitors by giving us a call at your nearest Crisp & Co branch or by filling in our simple online enquiry form.
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