What is a Form E

Form E is a document which contains information about your financial status and is required should you or your spouse apply to court for a financial settlement following a divorce. This is also known as a Form E financial Statement and E form. Whilst completing a the form both partners are required to provide a full and frank disclosure of their finances and assets.

When providing the figures to complete a Form E financial statement you must provide documentary evidence to support this information as well as your bank statements for at least 12 months. This process is therefore also known as Financial Disclosure.

A Form E can also be completed voluntary between parties to ensure all financial information is considered and is often used when beginning financial settlement negotiations.

Do I have to complete a Form E financial statement

If a matter is proceeding through Court and you have been unable to reach an agreement with your partner or former partner in relation to the Financial settlement then a Form E will need to be completed by both partners.

In some circumstances where parties are negotiating the financial aspect following their divorce the Form E financial statement can be completed voluntarily to assess the financial position of parties.

Completing a Financial Form E

Our Family Law specialists understand that during a difficult time of undergoing divorce, completing a Form E may seem like a daunting task. You can contact our offices during this difficult phase and our team of divorce specialists will provide you with guidance in completing your Form E financial statement.

It is important that the form Financial statement is completed as thoroughly as possibly a failure to disclose financial information in divorce in the UK has significant impacts on a settlement. Ultimately this is what will be relied upon to calculate the size of the Matrimonial Pot prior to reaching an agreement on how to deal with this pot.

A poorly drafted financial form could result in increased in increased costs to you as your spouse may require additional questions in the form of a schedule of deficiencies which will mean more work for the parties involved. These implications also apply if there is a failure to disclose financial information in divorce in the UK. At Kabir Family Law our specialists can assist you in completing your financial form to a standard which avoids the need of incurring further costs.

Is there a Form E guidance

As the financial form appears a daunting task many people ask is there a Form E guidance.  Form E guidance is provided with the financial form and further guidance can be provided by securing early legal advice. This Form E guidance details the information required, guidance on how to complete the form and how this should be submitted to the Court and parties.

As the Form E guidance notes are basic, many people do not provide sufficient or relevant information which again may delay your Form E divorce settlement. Our expert family law specialists welcome you to contact us when completing your financial form so we can advise you on any queries you may.

Is Form E compulsory?

Form E is the document which contains financial information about the separating partners. It is therefore essential when assessing a financial settlement.

People often query is form E compulsory. Form E is not compulsory in every financial settlement. The financial form is only compulsory if a financial settlement order is requested through the court. A form E is required for the court to determine a fair settlement.

If parties are mutually agreeing financial settlement without financial disclosure, then financial form is not compulsory. It is however advisable to exchange Form E’s. This highlights all the elements to be considered before reaching an agreement. This process is known as voluntary disclosure.

How is a failure to disclose financial information in divorce in the UK on Form E considered?

Failure to disclose financial information in divorce in the UK is seen as very serious. It is important that full and accurate information is provided when completing the financial form. Failure to provide full information may lead to a delay in the settlement of your finances. Furthermore, as the financial form contains a statement of truth to be signed, it could result in contempt of court if misleading information is provided.

If you are found to have withdrawn financial information or provided misleading information then the court can draw an adverse inference to your evidence and in some cases issue a cost sanctions. Depending on extent committal proceedings could considered if the actions are considered to be fraudulent. 

Ultimately non-disclosure can cause delay and further costs to proceedings which will affect the net monies available to be split between parties.

You should secure early legal advice if you are unsure about financial disclosure or do not want to inadvertently cause yourself trouble.

Our financial settlement specialist can provide you with the assistance to ensure you complete this process as accurately as possible.

The form E is a legal document accompanied by a statement of truth. Failure to provide disclosure can have significant implications such as:

  • A delay in the financial settlement
  • Alteration in the financial settlement. The party failing to disclose can receive a lesser settlement.
  • A fine and or a cost order can be made against the guilty partner.

If you have any financial assets that you wish to avoid disclosing or sharing, then your alternative option may be to seek advice on how the asset can be ringfenced. This means the asset is shared within the matrimonial pot. Our divorce law experts are highly skilled at advising on such matters. We also have a team of family law experts in York as well Newcastle and London who deal with complex divorces.

What happens after the Form E is exchanged?

Many people wonder what happens after form E is exchanged and how the process of financial disclosure concludes. After the form E is exchanged, the parties must send to the court following documents before the FA (First Appointment hearing):

  • Concise statement of issues in dispute
  • Chronology detailing events relating to the relationship and financial history
  • Questionnaire indicating if further disclosure is needed or a statement confirming nothing more is required
  • Confirmation as to whether the First Appointment can be used as a Financial Dispute Resolution hearing to speed up the process.

After the form E is exchanged, dispute resolution hearings are held in which parties try and reach an agreement failing which the matter is listed for a final hearing which is before the judge and a decision is made.

A first appointment hearing is held after exchange of the financial form ’s. The purpose of this hearing is to help parties reach an agreement with the assistance of the court.

If an agreement is not reached a first dispute resolution appointment is listed. This facilitates informal discussions surrounding possible financial settlement. The judge can also indicate the likely financial settlement. However, this is merely an opinion and not binding. If parties fail to reach a settlement a final hearing is listed. At this hearing each party presents their evidence. The judge will then make a final decision based on the evidence heard. The judges decision will be binding on the partners.

What happens after the form e is exchanged before court proceedings?

Separating partners can consider their finances after the exchange of the Form E before court proceedings.

An effective and complete Form E should place parties in a position to exchange in settlement discussions otherwise a request for further information will be required.

If an agreement can be reached a financial consent order will be required. The financial consent order legalises the agreement reached. This also prevents any further claims from the partners. If partners are unable to reach an agreement following the exchange they can proceed to court. Early disclosure of the Form E can save time and limit the court hearings required.

What happens if I don’t complete a financial Form E?

Form E is a process which provides for full and frank disclosure of finances and assets.

What happens if I don’t complete a Form E is likely to result in a delay in proceedings and potential cost sanctions. You should there take caution about the reason for not completing the Form E and possible secure early legal advice.

Can I amend my Form E after it is filed?

You can amend a Form E after it is filed if there is a change in circumstances or an error. It is not uncommon for a person to ask whether they can amend the form after it is filed.

It is your duty to notify the court and your ex-partner of any changes. The normal way to notify of such changes is to submit a new form E. You will only need to provide additional documents in support of your changes.

What do I do if my husband has lied on his Form E?

If you are faced in a situation where you are to query what should I do if my husband has lied on his Form then you should immediately consult early legal advice. Our financial settlement specialist offer consultations designed to assist in these situations.

It is important that issues are raised at the earliest convenience to the court and parties attention to avoid proceedings being impacted.

You will undoubtfully need to consider rigorous further information and documentation requests formally before the first hearing dispute appointment.

Following the exchange of the financial form’s parties have the opportunity to raise such issues. Partners can ask for further information and documentation by way of a questionnaire. If one partner still believes their partner has lied, they can question this at the first directions appointment. The courts have the power to request additional information and documentation. The court can also make orders against your former partner to disclose information. The courts will require evidence of non-disclosure and how this can affect the financial settlement.

How important is it to get legal advice before a financial form is exchanged?

The financial exchange through the form can take place anytime. If you are looking to settle finances, it is important you seek legal advice before a the financial form is exchanged. This provides you with the opportunity to request early voluntary disclosure. With this your legal adviser can assist you review the financial form. It also enables you to consider whether you need to proceed through court. Quite often following a voluntary exchanges partners may be able to reach an agreement. This can help with saving time and costs.

Quite often assistance from legal advisers can be useful especially where you feel your partner may not be truthful in their exchange. Legal advisers can request information on your behalf which may prompt a response and more accurate disclosure.

Legal advisers can also prepare you for any financial settlement hearings at court. At Kabir Family Law our specialists can assist you in reviewing your partners disclosure. With this you can detect issues early and prepare ahead.

— Q&A SECTION —

Is form E Compulsory?

The completion of Form E is only compulsory if the matter is proceeding through a court whereby the Judge requires parties to complete the Form E to be able to assess and review the financial position before reaching a settlement decision.

If parties are able to mutually agree the finances without going to court, then the requirement to complete a Form E is not compulsory. However, parties can amongst themselves voluntary complete the Form E financial statement to consider all finances and to assist in negotiating a settlement.

Can I apply for a divorce before settling my finances?

 Although you are able to obtain a divorce prior to proceeding with a Form E financial statement, our specialists would not consider you to do so. The reason for this is that if you choose to enter into a relationship or re-marry you may use your rights to claim from your former spouse. Our Experts therefore recommend you obtain a sealed court order prior to finalising your divorce.

Contact our Family Law Experts in York today

We have a team of family law experts in York , Manchester and London who deal with complex divorces. If you wish to arrange a consultation with one of our family law experts call us on 0330 094 5880 or contact us online and we’ll get back to you as soon as possible. Our family law team have helped hundreds of families in and out of Court win an outcome that is suited to them. We are sure that we can also help you too.

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Kabir Family Law Fulham

Kabir Family Law Fulham
Chester House
1st and 3rd Floors
81 - 83 Fulham High Street
Fulham
London
SW63JA

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Kabir Family Law Northampton

20-30a Abington Street
Northampton
NN1 2JA

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Kabir Family Law Oxford

1 & 3 Kings Meadow
Oxford
OX2 0DP

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Kabir Family Law Newcastle

Clavering House
Clavering Place
Newcastle upon Tyne
Tyne and Wear
NE1 3NG

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Kabir Family Law London

Kabir Family Law London
16 High Holborn
Holborn
London
WC1V6BX

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Kabir Family Law York

Tower Court
3 Oakdale Road
North Yorkshire
York
YO30 4XL

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