Form E Divorce – What Is this?

The answer to the question what is a divorce Form E is, the document which you and your spouse are required to complete if either of you applies to court about financial matters arising from a divorce or dissolution. It is a detailed document which is used to set out information about your financial position.

Why is it important to understand what is a divorce Form E? When a relationship breaks down and a couple wants to divorce, how the finances will be split between the two parties is often the most difficult and time-consuming aspect of the whole process. Some couples are able to reach an agreement between themselves about how their assets will be divided. Sometimes, this is simply not possible and they will ask a judge to decide for them. Either way, full and frank disclosure of finances is a vital element of this process. This means being completely upfront and honest about any assets that you own.

Being completely open about your assets to your spouse, is necessary so that you can come to an agreement about how to fairly split your finances. If a financial settlement is reached and one or both parties have failed to fully disclosure their financial situation, the case could be re-opened and the financial settlement may be altered. The party who was not completely honest about their financial situation, could find that they are asked to pay legal fees and court costs.

What is a divorce Form E?

If the courts are involved in your financial settlement, you and your spouse will each be required to complete a divorce Form E.

The purpose of a divorce Form E is to provide both you and your spouse (and the court) with a clear picture of your finances.

Normally, you would need to include information regarding, for example, your mortgage/s, pension/s and evidence of any income.

Even if you and your partner would like to come to an agreement between yourselves, filling in a divorce Form E each can be beneficial, as it can help you to build a clear picture of each of your financial situations. It is also worth noting here, that even if you and your spouse agree how your finances are going to be split without going to court, it is highly recommended that you ask a judge to make this agreement into a consent order. Otherwise, you could find that your partner could come back asking for more money, many years later.

What is a Form A?

If you and your spouse are unable to reach an agreement between yourselves about how your finances will be split, you may need to ask a judge to decide for you.

In order to do this, you or your spouse would need to complete what is known as a Form A.

This can be a lengthy process and various things need to happen before the final hearing. There are plenty of opportunities to negotiate and agree a settlement prior to the final hearing.

What can I do if I think my spouse is hiding assets?

The courts have various powers to ensure that full and frank financial disclosure takes place. If a court finds that your spouse has hidden assets, then they could penalise them by, for example, ordering that they pay your legal costs.

Your spouse may even receive a less favourable settlement as a result of attempting to hide assets.

A divorce Form E is the document which both you and your spouse will have to complete if either of you applies to court about financial matters arising from a divorce or dissolution. The Form E divorce is a detailed document which is used to set out information about your financial position.

Why is it important to understand a Form E divorce?

When a relationship breaks down and a couple wants to divorce, how the finances will be split between the two parties is often the most difficult and time-consuming aspect of the whole process. A Form E divorce can be an important part of the financial side of divorce.

Some couples are able to reach an agreement between themselves about how their assets will be divided, with or without the use of a Form E divorce. Sometimes, this is simply not possible and they will ask a judge to decide for them (completing a Form E divorce each is mandatory in this instance). Either way, full and frank disclosure of finances is a vital element of the divorce Form E. This means being completely upfront and honest about any assets that you own.

Being completely open about your assets on your divorce Form E is necessary, so that you can attempt to come to an agreement with your spouse about how to fairly split your finances. If a financial settlement is reached and one or both parties have failed to fully disclosure their financial situation, the case could be re-opened and the financial settlement may be altered. The party who was not completely honest about their financial situation could find that they are asked to pay legal fees and court costs.

A Form E is an important part of the financial disclosure process.

What is included in a Form E divorce?

If the courts are involved in your financial settlement, you and your spouse will each need to complete a Form E divorce. The purpose of a divorce Form E is to provide both you and your spouse (and the court) with a clear picture of your finances. This is why completing a divorce Form E correctly, is so vital.

Normally, on a Form E divorce, you would need to include information regarding, for example, your mortgage/s, pension/s and evidence of any income. A Form E divorce is also the place to disclose your and your children’s needs.

You will need to provide various documents as evidence with your Form E, such as life insurance policies and bank statements. This evidence is a vital part of a divorce Form E.

Even if you and your spouse would like to come to an agreement between yourselves, filling in a divorce Form E each can be beneficial, as it can help you to build a clear picture of each of your financial situations. However, a Form E divorce is not compulsory, unless either you or your spouse has requested a financial court order. In this instance, a divorce Form E will have to be completed.

It is also worth noting here, that even if you and your spouse agree how your finances are going to be split without going to court or ever filling in a Form E, it is highly recommended that you ask a judge to make this agreement into a consent order. Otherwise, you could find that your partner could come back asking for more money, many years later.

What can I do if I think my spouse is hiding assets?

The courts have various powers to ensure that full and frank financial disclosure takes place. The Form E is a vital part of this. If a court finds that your spouse has hidden assets, then they could penalise them by, for example, ordering that they pay your legal costs.

Your spouse may even receive a less favourable settlement as a result of attempting to hide assets.

Not sure what a divorce Form E is? Contact our expert divorce solicitors

Our expert family law solicitors can help you with a range of legal issues relating to financial disclosure and divorce Form E, including:

• Prenuptial agreements
• Cohabitation agreements
• Post civil partnership agreements
• Divorce
• Domestic violence and harassment
• Child maintenance
• Child contact arrangements
• Divorce financial provisions

Contact our expert divorce solicitors for advice on what is divorce Form E?

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

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Please contact us for more details.

04th December 2017