If you’re starting financial proceedings as part of a divorce or dissolution, one of the first tasks you will undertake is completing your Form E.

1.     When will I need to prepare a Form E?

If you are separating from your partner and seeking to separate your finances.

Completion of the Form E is a mandatory step if you are involved in financial remedy court proceedings, but the form is also frequently used by couples who are trying to reach a settlement outside of court, for example, in mediation, via solicitor correspondence or via a private settlement process such as a private Financial Dispute Resolution or Arbitration. Professionals often recommend that their clients complete the form, even when it is not strictly required, because it is comprehensive.

The Form E is a long document (around 30 pages) and requires careful attention. Given the amount of information and supporting documentation required for the Form E (see question 3 below), it is sensible to set aside some time to gather everything required, to avoid the stress of last-minute scrambling to finalise the form. You are likely to need to do this over several sittings across multiple days.

2.     Why do I need to prepare a Form E?

To provide your lawyers, your former partner and the court (if there are proceedings) with a complete picture of your finances so a fair settlement can be reached.

3.     What do I need to disclose and include?

Parties have a duty to provide “full, frank, clear and accurate disclosure” of their financial and other relevant circumstances. This means providing details of your property, savings, investments, life insurance policies, pensions, personal items, business interests, debts, income and monthly expenditure.

As well as completing the Form E itself, you will need to gather supporting evidence, such as:

1. 12 months of bank statements for all accounts (current, savings, joint or individual);
2. Mortgage statements and property valuations for any home or investment property;
3. P60s, payslips or tax returns showing income;
4. Pension statements showing current cash equivalent values (CEVs);
5. Statements for investments, ISAs, shares or life insurance policies;
6. Business accounts for at least the past two financial years (if self-employed or a business owner).

The Form E and supporting documents are the primary evidence used in financial remedy proceedings. It is therefore important that you are thorough, honest and accurate when preparing your Form E. Before submitting your form, you should take time to double check figures and ensure the supporting documents match the information you have provided. Inaccurate or incomplete disclosure can lead to delays, increased costs and potentially legal consequences. Inconsistencies can be challenged by the other party or the court, and risk weakening your position

4.     Who can help me complete it?

Your solicitor will help you to complete your Form E. They will help you to identify missing disclosure and ensure your form is correctly completed. At first preparing your Form E may seem like an exercise in form filling. However, as well as being the vehicle for you to disclose your financial circumstances, itis your opportunity to set out your case in financial remedy proceedings and it forms the foundation of your financial negotiations. Your solicitor will be able to provide strategic advice in this regard and help you to best present information. If you are not well versed in your financial position, do not worry as your solicitor can walk you through the form and it is a good opportunity for you to start to regain financial control.

Your solicitor may also suggest that you obtain assistance from other professionals when preparing your Form E. For example, you may need to instruct a surveyor (to value the family home or other properties you have an interest in) or an accountant (to assist you in preparing your tax returns or valuing a business interest you have).