Complete the Form E Divorce
When a marriage breaks down it is often necessary to resolve financial arrangements. This can be achieved through a formal financial court order known as a Form E divorce. This requires both parties to provide full and frank disclosure of their financial situation to the other party. This is done via a lengthy document known as a Form E questionnaire and supporting documents. This can be a daunting task and it is important for both parties to seek the support of a solicitor in order to complete this properly.
During the separation process you may be required to complete your own Form E and mutually exchange this with your spouse. This will enable you to assess each other’s financial position in order to begin negotiating a settlement. It is important to remember that Form E is an ‘open’ document and that this means that it can be used as evidence in court proceedings if it comes to that.
If your matter goes to court then the court will set out an exact date by which you should complete your form e divorce in line with the court timetable. Even if your matter settles out of court it is always advisable to complete your Form E and exchange it as soon as possible, in order to avoid any delay in reaching a financial settlement.
Do Both Parties Need to Complete the Form E Divorce?
Both parties will then prepare a list of questions about the other party’s Form E (known as a questionnaire). This allows you to identify anything which was unclear or missed in their initial financial disclosure and can assist with the preparation for the first court hearing.
At the first court hearing a judge will consider the information that has been provided and indicate the likely financial settlement. This is based on the evidence heard and will be binding on both parties. In the event that an agreement is not reached a final hearing will be listed which will allow both parties to present further evidence and argue their case to the judge.
Both parties must complete the Form E divorce in order to commence any financial proceedings. Failure to do so could lead to a number of penalties including costs orders being made against you.
Although preparing the Form E can appear daunting, it is an essential step in any divorce and should be completed as quickly and accurately as possible. It is also important to ensure that you have professional support in place to minimise disagreements about specific items such as the value of the family home or pensions entitlements. Our team of specialist family law solicitors are experienced in assisting clients with their Form E and can provide guidance and advice. For pragmatic, constructive and sensible advice on divorce finances including preparing your Form E please contact your local office in Bath, Bristol or Bradford on Avon to arrange an appointment with one of our expert lawyers.
