Law Articles

Tips on completing your Form E 19/01/2024

Form E is a financial statement that parties in a divorce/dissolution case are required to complete and exchange as part of the proceedings. It is a comprehensive form that provides details about an individual's financial circumstances, including assets, income, expenses, and liabilities. The purpose of Form E is to ensure full financial disclosure is provided by the parties to assist in reaching a fair financial settlement or to assist the court in making an order if a settlement cannot be reached directly between the parties.

It is important to complete the Form E accurately and honestly, as it has a significant impact on the determination of financial matters related to the divorce/dissolution. If financial remedy proceedings are issued, the court will direct both parties to complete a Form E. In the absence of court proceedings, the parties may agree to complete Forms E on a voluntary basis. Either way, to complete a Form E, you should ensure that you provide accurate and comprehensive information about your financial situation. Here are some tips to help you with the process:

1. Gather all relevant financial documents. This includes bank statements, tax returns, pension statements, property valuations, and any other documents that provide details about your financial situation. These will need to be attached to your Form E.
2. Be thorough and honest. The Form E requires full disclosure of your finances, so it's important to be thorough and honest when completing it. Failing to disclose information can have serious legal consequences.
3. Seek professional advice if needed. If you're unsure about how to complete certain sections of the form, or if you have complex financial circumstances, consider seeking advice from a solicitor.
4. Double-check your entries. Before submitting the form, double-check all the information you've provided to ensure accuracy.
5. Meet the deadline. In legal proceedings, there are usually deadlines for submitting documents. Make sure you are aware of the deadline for submitting the Form E and aim to complete it well before the due date.
6. Consider the implications. The information you provide in the Form E can have a significant impact on the outcome. Take the time to consider the implications of the information you are providing.

If there are court proceedings in place, the consequences of not submitting a Form E can be significant. Form E is a mandatory document that provides details about an individual's financial situation, and failing to submit it can lead to various repercussions. These consequences may include:

1. Court sanctions. The court may impose sanctions on the party who fails to submit the Form E, which can range from financial penalties to adverse costs orders.
2. Delay in proceedings. Non-submission of Form E can lead to delays in the court proceedings, as the court may require the missing information to make informed decisions about the financial aspects of the divorce/dissolution.
3. Adverse inferences. The court may draw adverse inferences against the party who fails to provide full and frank disclosure of their financial circumstances, which can impact the court's assessment of their credibility and the overall outcome of the case.
4. Legal consequences. Failing to submit Form E can undermine the party's position in the proceedings and may lead to unfavourable rulings on financial matters, such as the division of assets, spousal maintenance, and other financial orders.
   
   

Where there are no court proceedings in place, and you have agreed to a voluntary exchange of Forms E, it is still important your Form E is fully completed, accurate, and has all the necessary documentary evidence attached, to avoid the risk of the other party issuing court proceedings.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.