1.1 Use your full name, if you have remarried or legally changed your name use your current name.
1.2 Date of birth.
1.3 If you are or were married use the date on the marriage certificate and rule through civil partnership or if in a civil partnership do the same and rule through married.
1.4 If you are unemployed state unemployed if your are a full time mother the same but don`t write "N/A".
1.5 If you are separated but unsure of the date try and agree this with your spouse, if you still live together leave the date box blank and tick the box at right.
1.6 Petitions are stamped "date received" so if you are unsure call the court with your case number for the date, complete date of Nisi and Absolute as applicable.
1.7 If you have a set date to marry use this date, if you are just thinking about marriage leave it blank.
1.8 If you are cohabiting
with a new partner tick yes, if you have a casual relationship with a new partner tick no.
1.9 Remember any false detail given could lead to a judgment or order being subject to appeal
1.10 Children of the family includes children of the marriage step children and adopted children.State where the children live now not where you hope they will live in the future.
1.11 Give details of long term illness or disability that do or will have a financial impact for yourself and any children, this includes adaptions to the home, ability to work and future income potential.
1.12 The future arrangements are those that you propose.Include proposals for the short to medium term but don`t map out the entire education for a young child.
1.13 If you have an informal agreement state what is paid not what was promised, if no child maintenance
is paid the child support
agency have an easy to use calculator on their site it takes just a few minutes to calculate then use that estimate.
If an application is pending with the child support agency you can contact
the national enrique line 0845 7133133.
1.14 If an existing order of court exists that you hope to vary or set aside (cancel) give details of the order and the date it was made and your proposed change, so for example if you have an order for spousal and you would like or need to pay less per month then you are making an application to downwardly an order for spousal maintenance.When providing the reasons for variation you may need to use a separate page, if you do write "1.14" at the top of the page and slide it in after page 3.
1.15 Only include details of cases between you and your spouse not any other person, the most common cases relate to child contact issues.
1.16 This is where you live now and who lives there so rented mortgaged living with a friend parents ect.
2.1 This section is for the matrimonial home not other property you own, if you do have other property they are dealt with later in the form.Include all details even if you no longer live in the matrimonial home.
If you don`t have the land registry number don`t worry its fine.You can if you wish obtain the title number from HM land registry 020 7917 8888.
The type of mortgage can be provided by the lender if your unsure, for most it would be repayment or interest only.
Give details of who owns the property so if you have a joint mortgage its jointly owned, if its held in trust with perhaps a parent its trust, if a parent is a guarantor for the mortgage they are not necessarily a part owner unless they pay towards the mortgage, for the majority the owners are the spouses unless the property was owned before marriage in which case it is soley owned.
If you are or were married that gives you the legal right to the property even if the property is soley owned so that would be a common example of why you believe the ownership recorded does not give a true reflection.
Try and agree a market value if you can if not then ask for three valuation from estate agents and use the middle valuation, if the valuation cannot be agreed the judge may order an independent valuation at the first court appointment known as the first directions
Check with the mortgage lender to find out if an early repayment fee will be imposed if the house is sold and the mortgage re payed, this is important as these fees can run in to the thousands.
An estate agent can provide the estimated costs of sale usually around 1.5%, you also need to include conveyancing costs of around £1,000.
For the total equity take of the outstanding mortgage and secured loans any early repayment fee and the estimated costs for sale.The equity is what you are left with.The total value of your interest is 100% of the equity if you are the soul owner or 50% if jointly owned.This figure has nothing to do with a potential settlement they are just figures needed for form E.
2.2 This section is for any other property land building or holiday home owned so follow the same process as in 2.1 and use a separate page for each property/land/holiday home and slip them in after page 5.All documentation relating to ownership valuations ect go in the back of the form with the schedule of documents.
2.3 List each account you have then leave a space below for the next account (double space) this makes it easier to read for all concerned.
Include details of overdrawn accounts in this section but not in 2.9.
Use separate sheets if needed but don`t forget to head each sheet as "2.3" and slip them in after page 6, again the statements go in the back of the form with the document list.
You will need 12 months of statements for bank accounts and use the most recent statement for balances, internet statements are acceptable, if you don`t have internet banking you can request paper copy''s from the bank/s.If the bank/s ask an unreasonable charge for the paper service make a written application for the statements made under the Data Protection Act 1998 and enclose a cheque for £10.24, send the request recorded delivery.
2.4 Do the same as in 2.3 including the most recent balance or valuation, do not include any accounts already stated in 2.3.If you receive dividends from preferential shares don`t include them only the sale value of the shares or investments as of now.
2.5 Use one sheet of paper for each policy you have, slip them in after page 7 and include the original documents at the back with the document list.Remember to each each separate sheet with "2.5".If you don`t have surrender values and dates of maturity they can be given by the policy provider.
2.6 Include money you can reasonably expect to be re payed, for example don`t include money loaned to a family member years ago, generally on sums over £500 will have any relevance.
2.7 Is rarely relevant and don`t include cash you have today you wont tomorrow.
2.8 Only include items that have a sale value of £500 or more not the price you payed for the item, even expensive items often have a small sale value, for example you bought a sofa a year ago for £2,000 but if you had to sell it today you could expect only a few hundred pounds so don`t include it, what court need to know is the value of antiques valuable jewels or works of art for these items insurance valuations are acceptable.
Cars can be valued online or buying a guide for a few pounds, often three valuations are given "trade" "part exchange" and "sale room" or similar again use the price the car will sell for on the open market often the middle value and don`t forget to take millage in to account.
2.9 Double space each liability and use separate sheets headed "2.9" if needed.
You will need to include 12 months statements for credit cards and original loan agreements at the back if you have them.
Loans from family members are more often than not considered "soft loans" by court and only the judge can decide how relevant they are..
2.10 If you think this could apply you should speak to an accountant or tax adviser.
You would need to look at the value of the marital home at the time you purchased your new home, and the current value. The difference is the capital gain.
Your gain will then be your share of that.
You have a capital gains tax allowance of £10,100 so you only pay tax on the gains above that amount.
It may be you are entitled to exemption for the last three years you owned the property, which would potentially reduce your over all gain.
A free guide for capital gains tax is available by calling 0845 9000 404 and quote Ref CGT1.
2.11 If you are unsure of any of these question speak to your accountant or the tax office.
2.12 If you are unsure speak to your accountant or company''s house, don`t include any directorship stated in 2.11
2.13 A separate sheet is needed for each pension you have, head each sheet "2.13" and slip them in the following page.
The details for this section can only be provided from the pension provider and it can take some months to receive the information, you can complete most of this section with your most recent pension statement.
In order the pension value
you will need to sent form P "pension enquirer" to the provider.
If you don`t have a valuation (CEV/CETV or CEB) write CEV/CETV/CEB to follow once received.
If you have a personal pension but are unsure of the details contact:
The Pensions Schemes Registry
PO Box 1NN
Newcastle Upon Tyne
Additional state pension details can be found by requesting form BR20
Tel 0845 3000168
Future Pensions Center
The Pension Service
Newcastle upon Tyne
Ant PPF compensation entitlement can be found from the PPF board
The pension Protection Fund
17 Addiscombe Road
2.14 Include any other relevant information not yet stated in sections 1 to 4.Double space each.
2.15 If you have more than one job complete a separate page for each job you have.
2.16 Again use a sheet for each business, the information needed will be supplied by your accountant.
2.17 Self explanatory.
2.18 Give detail of all benefits
you receive now not those you expect to receive in the future, the benefits agency can help estimate benefits for the next twelve months.
2.19 Only include detail of other income not yet stated so far.
2.20 Add the totals so far A-G then deduct liability''s (G).
2.21 Estimates can be provided by the benefits agency for the others as a general guide use the average for the last three years unless of course there is a good reason not to.
If the estimate for the coming year differs from the average it will almost certainly be questioned.
3.1 Choose either week month or annual, monthly is often the most user friendly, rule through the other two.If your circumstances will change for example you wont be living with your spouse then explain how your needs will change.
The figure used is the total of all you list in box 3.2
3.1.1 Think carefully about this question to make sure you don`t forget anything you pay for especially annual payments such as car insurance and TV license if you pay annually, list all utility''s loans credit cards child care absolutely all you pay for.
Make sure you use weekly monthly or annually one only and not a combination of the three.
3.1.2 Include all the needs for children
that you pay for and don`t forget Christmas birthdays holidays and hobbies.
Only include costs here that are not included in box 3.1.1 this box usually applies to the non resident parent.
3.2.1 Capital needs are items you need to buy and include everything from a bed to a house that you will need to buy, note it states reasonable needs so don`t do a list of would likes, if for example you will need to buy a house check out some local estate agents and provide examples of the cost and include them in the document list at the back and mark them 3.2.1 do the same for any other high value purchases you will need to make.
3.2.2 Only include capital needs not stated in 3.2.1.
4.1.1 Explain any changes to your income and assets of the last twelve months for example if you left the marital home to rent or buy another property, use other sheets if needed marked "4.1.1", try not to write an essay and double space each point.
4.1.2 Explain what changes will happen in the next twelve months but only include changes that effect income and assets.
4.2 The standard of life enjoyed by the family can be very important when deciding the asset and income division depending on the number of children and the length of marriage.
It only needs to be brief - as a family we lived in a five bedroom house with two cars replaced annually and holidayed twice a year, you don`t need to include how often you had hair cuts or which dance school
the kids are members of.
4.3 Here you include inheritance you received cash or asset gifts perhaps from you parents or any other significant sum you received and used for the benefit of the family.
Do the same for contributions you will make in the foreseeable future, to some extent contributions you will make are unknown until a financial settlement is agreed or imposed by court.
4.4 Bad conduct during the marriage is only relevant if it had a financial impact on the family, so for example if it came to light that your spouse has a secret gambling habit and as a result large debts or has dissipated marital assets this may well be considered when making final calculations.
Conduct you were aware of during the marriage rarely has any bearing unless it is recent and again had a financial impact on the family.
4.5 This is part of making your case for what your are asking to happen ie you hope to retain the marital home for the children, or whatever you feel is relevant to your case.
Disability and future income potential are very relevant, if for example you are a full time mum with a very young child your income potential will be very limited for some years to come.
4.6 Only give details you actually know, you have no need to make inquiry regarding a new partners income assets and liability''s.
Even if you are aware of a new partners financial details and disclose them it does not mean your new partners assets will be included in any settlement, they will not.
These details are really used to show if your housing needs are met, so for example if you have lived with a new partner in their home for a number of years it would not be unreasonable to suggest your housing needs are met.
If no details are provided a judge will decide what if any information is required at a later date.
5 This is where you say what you hope to happen either by agreement or what you would like a judge to impose if no agreement can be made.
The more reasonable you are the more likely your requests will be given due consideration, if they are unreasonable the judge will dismiss them.
Plain English is always best you are not a lawyer so keep it simple
5.1a Simply say what you would like to happen, the house sold, transferred to you ect for clarity provide the full address.
5.1b If you have dependent children the presumption is a clean break
is not appropriate unless existing marital assets are more than enough to cover the future needs of the children to dependency, if you are seeking spousal maintenance again a clean break is not suitable.
Only ask for a clean break if you hope to end all financial ties both now and for the future, once a clean break consent order
is sealed by court and the decree absolute
granted neither partie has any future claim against the other under the marital causes act 1973.
5.1c If you are asking for an order relating to pensions
you should take advice relating to the scheme type and how it can be transferred should the order be granted, you should speak to a pensions adviser or an independent financial adviser first, the most common order is a pension share where by the pension is divided in two by a fixed percentage to form two individual pension, but advice should be sort before deciding which order to ask for.
5.1d This relates to property other than the marital home and any other assets you would like to be transferred, if for property give the full address after the order sought.
5.2 If you have one of the agreements listed and wish to vary it provide details of the agreement and why you think it should change.
5.3 This section relates to the dissipation of assets and any order you are seeking to prevent it, if assets have been dissipated state what they were when they were sold or transferred and to who and what happened to the proceeds if known.
For example if your ex/spouse sold the family''s second home without your permission to a member of his family provide,
The full address
To who it was sold
Who has the proceeds of sale.
If this form E is being used for voluntary disclosure it does not need to be sworn just signed and dated.
If it was sent by court after an application for a financial order was made it must be sworn in court or at a solicitors
, court is free a solicitor will make a small charge of around £8
Many thanks Dukey - not that I need or am likely to need it, but there are many for whom what you say is a godsend.
The problem is that, by the end of the week, your magnum opus will go off the radar and then it will disappear - when really, it needs to be available in the wiki library posters need to know it is there, and enquirers who ask the question : What is the answer to - - should, initially, be referred to the article.
A similar gem was Amanda ( DL ) and her article on spousal maintenance.
And without wishing to blow my own trumpet too loudly, I did some articles on pre-divorce ( steps you can take before divorce proceedings heve even commenced ) housing options, and how to keep down your legal costs.
I tend to keep these on my computer and if I need to refer to them, I can always cut and paste the pssage to which I need to refer.
Mike, I have stickied Dukey''s post above, and the ones you wrote, which places at the top of the forum board, but this is only visible if you go to a specific forum area, rather than the main Community page.
I agree that the post above should be in the library - I think yours are already there, Mike but if not let me know.