Form E Divorce Necessary
If you are going through divorce or civil partnership dissolution proceedings then a court will expect to be provided with full and frank financial disclosure before they consider an order for division of assets such as property, pensions and savings. This information will then be used to help determine what is a fair settlement for both parties.
This process is normally carried out by the courts via a questionnaire known as Form E which, at first glance can appear daunting. This is because it asks for a detailed breakdown of each party’s current finances, with those details supported by clearly identified documents. Form E can run to some 30 pages at a rough estimate and, for most people, requires the help of family law solicitors to complete correctly and accurately.
It is a legal requirement to complete a Form E, where the courts are involved and it will be issued by the judge at the start of your case. Refusal to comply with a request to complete a form e divorce can have serious consequences including cost orders and in some cases imprisonment. The main purpose of Form E is to provide the court and the other party with a full and honest account of your financial situation. The court uses this information to make decisions about the division of assets, as well as to decide on matters such as spousal maintenance or child support.
Is Form E Divorce Necessary For All Divorces?
If a party refuses to complete a Form E in advance of court proceedings being issued then it is possible for them to be forced to do so by the courts at a later stage, usually around 5 weeks before the first hearing. It is therefore always wise to seek the help of a specialist family law solicitor from an early stage so that they can assist with completing the questionnaire in a timely and efficient manner.
Both parties must be aware that their duty of full and frank financial disclosure applies at all times and is an ongoing requirement whilst the case is running. This means that they must continually provide their former partner with new bank statements up to and until the end of the financial proceedings.
For most couples with fairly simple and straight forward finances, or amicable separations, a Form E is not required, however in more complex situations (e.g. where there are business interests to consider, significant sums of money in trust accounts or equity stakes) a Form E is essential.
Ideally a Form E should be completed by both parties at the same time as this can reduce the likelihood of disputes in relation to its content. However, where a dispute arises then the assistance of a specialist divorce solicitor will be essential in helping you to ensure that your form is filled out correctly and represents a clear picture of your current financial position. They can also help you to identify any areas where further investigation may be required and in some cases the use of a forensic accountant can prove to be an effective tool in ensuring that full and frank disclosure is made.
