Form E: What is it?

Divorce is a complicated and emotional process. This is compounded when finances are involved.

If your divorce involves a financial order application – which is when you and your spouse cannot agree on finances after the end of your marriage – there will be additional documentation required to help the court decide how assets will be split. This includes Form E.

It’s essential that you ensure you do everything by the book. You’ll need to detail your financial situation as thoroughly as possible. As the government warns on Form E, “if you are found to have been deliberately untruthful, criminal proceedings may be brought against you for fraud under the Fraud Act 2006”.

When is Form E required?

When you or your ex-partner has requested a financial order or made an application for financial relief after an overseas divorce or civil partnership dissolution, you’ll have to fill out Form E.

This means that not every divorcing couple will need to find and fill out Form E. If you’ve come to an agreement on your finances after you divorce, neither party will have to apply for a financial order.

You can ask the court to make a financial order if you’ve started the paperwork to end your marriage or civil partnership and you haven’t yet applied for the final legal document to end the relationship. The final document in a divorce is the decree absolute and in a civil partnership, it’s the final order.

What information does Form E require?

As Form E is focused on your finances, it will require you to provide details of your income and assets, including your pension information. You’ll need to set out all of your assets, including property, any business interests, savings and investments.

In addition to these assets, you’ll also have to list any life insurance, money owed to you and any belongings that cost more than £500. You’ll also have to estimate what your future outgoings may be, so the court will have an idea of what you can afford.

You can also detail any “bad behaviour or conduct by the other party” in Form E. However, this will only be taken into account in “very exceptional circumstances”.

Form E can appear complicated and challenging to complete. However, a good family law solicitor will help you through the process, ensuring you only fill out the relevant sections and provide the necessary information.

It’s essential to be completely upfront and honest about your financial situation. This makes the process more straightforward for everyone involved.

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