What is Form E in Divorce?
When you are getting divorced it can seem as if there is a whole new language to learn. There are lots of phrases and form names that seem to make no sense. One of those is the Form E.
In this blog, our Family Law Solicitors answer your questions on Form E in divorce.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
What is a Form E?
Form E is the document that a husband and wife must complete if they are applying for a financial court order or are responding to an application made by their spouse.
The Form E is a standard form. You must complete it if you are involved in financial court proceedings even if you think the form is too long or parts of it are irrelevant to your family circumstances.
The Form E asks you to detail your personal and financial circumstances and provide supporting documents to confirm the information provided.
When do you need to fill in a Form E?
When financial court proceedings are started the court gives a timetable that includes a deadline for the completion of your Form E. If it is not completed on time a court application can be made to enforce compliance.
You may be asked to fill in a Form E if you are negotiating a financial settlement through solicitor negotiations or in family mediation. If you refuse to fill in a Form E this may prompt your estranged spouse to start financial proceedings because the court will require you to provide full financial disclosure through the Form E process.
Do you need to file a Form E if you reach a financial settlement?
If you reach an agreement through solicitor negotiations or in family mediation you will be advised to convert your agreement into a binding financial court order to give you peace of mind and to ensure the agreement can be enforced.
If you or your spouse ask the court to convert your agreement into a consent order you do not need to file a Form E with the court. However, court rules require you to file a document called a statement of information. This short document summarises your personal and financial information. The statement is required as the judge must have sufficient information to be able to decide if your agreed order is fair to both you and your spouse.
Do I need a Family Law Solicitor to complete a Form E?
A Family Lawyer is not required to complete Form E for you, but taking legal advice from specialist Divorce Solicitors helps. A lawyer can advise you on what paperwork you need to provide and complete the Form E for you or review your responses.
The Form E forms your case for the financial court orders you are asking the court to make. Completing the Form E does not just involve providing financial information. You must also give information about your circumstances, such as your health and relationship plans. It is rare for the court to order that a husband or wife file a separate witness statement so you should use the Form E as your chance to tell your story and to say what you want.
A Family Law Solicitor will be able to advise on the range of orders a court is likely to make so your Form E can argue for an order that the court may be persuaded to make. Your lawyer will also be able to tell you if the court or your spouse’s solicitor is likely to question the information in your Form E. For example; you are self-employed and report a monthly net income averaging £5,000. In your outgoings schedule you state that your mortgage is £3,000 per month and that your other outgoings amount to over £3,000. You have no overdraft and your savings are not going down to fund expenditure so the implication is that either you have under-reported your earnings or overstated your outgoings.
Putting the wrong or inaccurate information on the Form E can lead to the court making adverse inferences about you at the final hearing. If you do not provide full and frank financial disclosure in your Form E and the court makes an order based on inaccurate information your spouse could ask the court to overturn the order and make a costs order against you.
What happens after Form E financial disclosure?
Once you have swapped Form Es with your spouse’s Divorce Solicitor the next step in the financial court process is to review the paperwork and decide if any additional questions need to be asked or if extra documents are required. For example, you may question why bank statements show large cash withdrawals after the decision to separate or why there appear to be direct debits that could relate to a second undisclosed property or investments.
The judge at the first hearing of the financial application will decide if the questions need to be answered and the timescale to do so. After questionnaires have been answered the court will list a financial dispute resolution hearing to see if a judge can help you reach a financial settlement by agreement. If you can, the judge will make a financial consent order. If you can't do so, the judge will list the financial application for a contested final hearing.
Get legal help with your Form E
At OTS Solicitors our Divorce Solicitors can help you decide whether to start financial court proceedings or provide representation at the first directions appointment (FDA), financial dispute resolution hearing (FDR) or final hearing. Our specialist lawyers can guide you through the Form E and the court process efficiently and cost-effectively.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Related Posts
How to Divorce And Keep Everything
Do I Have to Share my Pension on Divorce?
Separating and Making Your Partner Leave the Family Home
Negotiating a Financial Settlement
How does the court divide assets on divorce?
OTS Solicitors Celebrates its Inclusion in the 2024 Chambers Guide to the Legal Profession