What is a Form E in Divorce and Do I Need To Complete it?

There is a duty of full and frank financial disclosure when going through financial proceedings on divorce. If Form Es are not exchanged, your lawyer can not advise fully on what a fair division of the assets may be, and you will need to consider whether you want to take this risk. If Court proceedings are issued, completing a Form E is mandatory.

Form E is a standard disclosure form. It is 30 pages long and split into 5 sections. Section 1 contains general information – names, dates, occupations, health details, addresses, and otherwise. Section 2 is for financial details so will include descriptions and values of all capital assets, company interests, debts, income and pensions. Section 3 is for financial requirements, so what that party says they need for their day-to-day expenses and their larger needs such as housing. Section 4 is largely a narrative section, where a party can explain any changes to their assets/income and provide any other information relevant to their financial circumstances. Section 5 sets out what order is sought, such as whether a person is seeking maintenance, the sale or transfer of any property and otherwise.

Supporting documents are provided alongside the Form E, and the form provides a checklist of the paperwork that should be enclosed with it. The gov.uk website has a downloadable Form E that can be edited.

A Form E is not mandatory in order to get a divorce. Anyone can progress through a divorce and even obtain a financial order setting out what happens to their assets, without ever completing one.

A lawyer will usually advise you to complete a Form E, as it provides a full financial picture. Without one, there is a risk that some assets which should be shared, could be missed. A lawyer will often say that if Form Es are not exchanged, they can not advise properly on what a fair division of the assets may be, and you will need to consider whether you want to take this risk. If Court proceedings are issued, completing a Form E is mandatory.

If you are not in Court proceedings, you can refuse to complete a Form E. It is generally not advisable to refuse, as it may appear as though you have something to hide.

In Court proceedings you can not refuse to complete a Form E. If you do, you are likely to receive a sanction – most likely an order to pay some of your ex’s legal costs.

After completing your Form E, it will be exchanged so you receive the Form E and documents completed by your ex. After this you may raise questions about the other person’s disclosure, for example if you remembered them having a bank account with a certain bank, but this is not listed in their form. When questions are answered, or if there are no questions, the natural next stage is to enter into divorce settlement negotiations.

There is a duty of full and frank financial disclosure when going through financial proceedings on divorce. This means you will need to provide your bank statements throughout the case until it concludes. Bank statements with Forms E will usually cover the preceding 12 months, and sometimes will go back further, for example if there was a significant asset sale and bank statements are needed to verify the amount received.

Yes, your ex will see your financial disclosure, and you will see theirs. This is part of the principle that when divorcing, both parties are fully aware of all the assets that exist between them. This helps inform both of their views about what the outcome should be, and supports an understanding of the decision reached if the Court is asked to divide the assets.

If you have concerns about your ex seeing your disclosure, for example if there were elements of abuse or financial control during the relationship, we recommend taking legal advice.

In Court proceedings, a Form E should be completed in line with the Court timetable, which will set out an exact date for the Form E. That date will be 35 days before the first Court hearing.

Outside of Court proceedings if you are exchanging Forms E voluntarily, you should agree a date with your ex (this might be via lawyers) to exchange. Generally the earlier Forms E can be exchanged, the quicker a settlement can be discussed.

Ready to take the next step? As leading divorce solicitors in Milton Keynes, our team of family law specialists can advise you about your divorce settlement. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.