What is a Form E in Divorce?
What is a Form E in divorce?
If you and your spouse would like to finalise financial matters after divorce then you will need to fill out a document called a Form E.
A Form E is a document that contains questions based on your income, assets, pensions and expenditure. It will also ask you to include the financial needs of yourself and any children.
When completing this document you will be asked to complete the form correctly and provide full and frank disclosure, if you do not you will have to face the consequences.
Is a Form E Compulsory?
A Form E is the form required for a financial order. A Form E is not compulsory in every divorce. However, if your spouse has requested a financial order through the courts then you will be required to complete one.
The courts will ask both parties to complete a Form E, which will then allow them to make a fair judgement on your current financial situation.
If you and your spouse would like to create a financial order but do not want to go through the courts then you can use a financial consent order service.
You will most likely be asked to complete a form e informally, and if both parties can agree on how they would like to split their finances and its deemed fair they will not be required to go to court.
What if I divorce without filling out a Form E?
Although a Form E is not compulsory in divorce, it’s highly recommended.
Without one many couples are unaware of their spouse’s financial situation which could result in them hiding or not revelling the full worth of assets.
How do you fill out a Form E?
Form E is a document with several questions, most questions require you to provide evidence to prove that what you have written is correct.
The best advice we can offer is to read the final page of the form e document, you will see a checklist of documents that are required.
These documents include:
- matrimonial home valuation, matrimonial home mortgage, any other properties, personal bank, building society’s and national saving accounts, other investments, life insurance policies, business interests, pension and PPF compensation, employment income & self-employment or partnership income.
To be able to answer the majority of question you will need access to the documents listed so we recommend finding them first.
Please note: some of the documents listed will not be relevant to you if this is the case you can mark them as ‘not applicable’. If you do not have access to a document but have requested for it, mark as ‘to follow’.
Spouse is refusing to complete form e
If your spouse has been requested to complete a form e by the judge, they are expected to do so. If they do not the judge has the power to sentence them to imprisonment due to breach of the order.
This has happened on a few occasions including a case in 2013. Where a husband was found to be in contempt of court for failing to comply with the order of completing his form e. The husband was then committed to prison for 14 days, suspended for 11days to give him the final opportunity to complete is form e.
What happens after the form is exchanged?
Once you have exchanged and reviewed each other forms you can submit a questionnaire to your spouse. This can include any questions you may have based on their form e.
You can ask to see evidence of the finding and if you believe they are not being truthful or are withholding information from you can ask them.
Once you have exchanged forms its important to keep collecting up to date financial information, especially if your circumstances change until your case is closed.
Failure to provide financial disclosure
The impact of failing to provide full and frank financial disclosure when completing a form e is huge.
If you are unable to provide full financial disclosure the courts have the power to set aside your case.
However, if you are found to be either purposefully withholding, or lying about the true amount of assets then the judge has the authority to enforce criminal charges against you under the fraud act 2006.
Our Advice to you
The government website provides guidance notes for those filling out a form E. Make sure you read this and they will provide you with helpful advice and useful information.
If you believe your spouse’s claims are incorrect, ensure you have evidence to prove this before questioning them. Without evidence, judges will not take you seriously.
How can Quicke Divorce help?
Without a financial consent order in place, you will be tied to your ex-spouse financially for many years to come. This means that either party could make a claim against one anothers asset in future. If you and your spouse would like a financial consent order you do not have to go through the courts.
We can handle your entire order for you and ensure that the judgment is fair and both parties agree. Our financial consent order service costs just £199. This can save you over £750 compared to your high street solicitor, without compromising on the service you receive.
Order Your Financial Consent Order Today
A consent order is a legally binding court order that shows how a divorcing couple intends to divide any assets and finances they hold within their marriage.
Obtaining a consent order is the only way that you can prevent your ex-partner claiming against you, even after several years of being divorced.