If you are involved with solicitors when trying to reach an agreement in a divorce or financial remedy case, you will almost certainly hear the term “Form E” very early on.
Form E is the court’s standard financial disclosure document. It is often used even when negotiating on a voluntary basis. Its purpose is to give both people a clear and honest picture of each other’s financial position so that a fair financial settlement can be discussed and, if necessary, decided by the court.
The form is detailed. It asks for information about:
- income and employment
- savings and investments
- property and mortgages
- pensions
- business interests
- debts and other financial commitments
- monthly living expenses
You will also be expected to provide supporting documents, such as bank statements, payslips, tax returns, mortgage statements and pension valuations.
Although Form E can feel intrusive, it is an important part of the process. Financial settlements are based on full and frank disclosure, which means each person has a duty to provide accurate and complete information. If information is hidden or misleading, this can have serious consequences, including costs penalties and the possibility of a settlement being revisited later.
In many cases, Form E is exchanged before the First Appointment (the first court hearing in financial remedy proceedings). As above, even where matters are resolved through negotiation, mediation or solicitor-led discussions, the Form E often provides the foundation for productive conversations because both sides are working from the same financial information.
For many clients, the hardest part is not the form itself but gathering the documents and understanding what is required. Taking time to prepare it carefully can save significant time, cost and stress later in the case.
A well-prepared Form E helps everyone focus on the real issue: reaching a practical and fair financial outcome for the future.