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Form E - Financial Statement

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Published By
HMCTS
Published Date
January 01, 2016
Document Format
PDF

This form is used to provide financial disclosure which is used as a basis for the negotiation of a financial settlement. You may be asked to complete this form by the court (if you are a litigant in person), by your solicitor or by a mediator.

Notes for guidance

About these notes:

• They explain some of the terms used in Form E that may be unfamiliar to you.

• The most important notes are in bold. Please do not ignore them.

• There is also a checklist in Form E to tell you which documents you will need to attach

to the form.

These notes are only a guide to help you complete Form E. If you require further help you

should speak to a solicitor, Citizens Advice Bureau, legal advice centre or law centre. Public

funding of your legal costs may be available from the Community Legal Service Fund.

Please note, while court staff will help on procedural matters, they cannot offer any

legal advice.

Introduction

If you or your spouse/civil partner apply to the court for a financial order or financial relief,

both you and the other person must complete a separate Form E.

The purpose of the form is to enable you to provide the court with full details of your financial

arrangements.

You must send your completed Form E to the court and a copy to the other party,

no later than 35 days before the date of the First Appointment. The date of the First

Appointment can be found on Form C (Notice of a first appointment) which will be sent to you

by the court.

You should be aware that the court might make an order for costs against you if you do not

follow the deadlines for filing Form E.

If you and the other person have agreed about the financial matters there is no need for

either of you to complete a Form E. Your agreement (sometimes known as a consent

application) should be submitted to the Court prior to the First Appointment.

You should ensure that any documents relevant to this application are attached to Form E.

1 General information

Section 1.6: The court can provide you with these dates if you are unsure. Please quote your case

number when asking for details.

Section 1.11: You only need to provide details if you or your child(ren) are suffering from any form of

physical or mental disability. The court does not need to know about minor ailments.

Section 1.13: You need to supply details of any Child Support Agency assessments, agreements or

court orders in respect of child support.

Also, if an application has been made to the Child Support Agency but not decided let

the court know the result of the application, when it has been decided. If you need help

to complete this section you can contact the National Enquiry Line of the Child Support

Agency (Telephone 0845 7133133).

Section 1.15: You should give details of any other previous or current court cases between you and

the other person. (It would also help the court if you provided brief details about the

nature of these proceedings e.g. residence/contact in respect of the children.)

2 Financial details

Section 2.1: You need to tell the court if you own or part own the family home (or any other

property) and how much you think it is currently worth.

Details of the Land Registry title number and of the balance outstanding on any

mortgage can be obtained by contacting the company with whom you have your

mortgage. You can also obtain your Land Registry Title number from HM Land

Registry, Lincoln’s Inn Fields, London, WC2A 3PH (Telephone 020 7917 8888).

Section 2.3: Overdrawn bank accounts should be included in this section and not in section 2.9.

Section 2.10: For further information about Capital Gains Tax you can contact the HM Revenue

and Customs who produce a free booklet called ‘Capital Gains Tax – an introduction’.

(Reference number – CGT1). Telephone 0845 9000404. You may want to seek legal

and/or financial advice to answer this question.

Section 2.13: You will need to provide the court with details of all your pension rights, and any

Pension Protection Fund compensation entitlement (whether current or prospective),

including those relating to your present and/or a previous job and/or resulting from

membership of a personal (i.e. privately arranged) pension scheme.

If you have been provided with a valuation of your pension rights or benefits by the

person responsible for your pension scheme you must attach a copy of it to Form E.

(You may only use a valuation if it will not be more than a year old at the date of the

first appointment.) If you do not have this information, or the valuation you have will

be more than a year old, you should write to the person responsible for your pension

scheme and ask them to provide you with an up to date valuation. If the valuation

is not available a copy of your letter requesting the valuation should be attached to

Form E together with any reply from the pension scheme letting you know when this

information will be available. If you have more than one pension plan or scheme you

must provide this information for each one.

The administrators of your scheme will be able to provide the information requested.

It may help to send the administrators a copy of section 2.13 of Form E.

If you have an occupational pension scheme your employer will be able to provide you

with the name and address of your pension administrators.

If you have a personal pension scheme (i.e. privately arranged) you should contact the

administrators directly. If you are unsure of the details of your pension scheme you can

contact:

The Pensions Schemes Registry

PO Box 1NN

Newcastle Upon Tyne

NE99 1NN

You should obtain a valuation of your additional state pension by requesting form BR20

from the address or telephone number below. You may also find it useful to request a

forecast of the benefit to be paid by filling in form BR19 which you can also get from

the address or phone number below or from any social security office.

Future Pensions Centre

The Pension Service

Tyneview Park

Whitley Road

Newcastle upon Tyne

NE98 1BA

Telephone number: 0845 3000168

If you have any entitlement to PPF compensation you should obtain a valuation for

each separate compensation entitlement from the PPF Board at the address below.

Attn: Compensation Team

The Pension Protection Fund

Knollys House

17 Addiscombe Road

Croydon

Surrey

CR0 6SR

Note: Please make certain that you provide the court with your National Insurance

Number. If the Form E that you are using does not include a box for this, please

write this information in below the ‘Name and Address of your pension scheme,

plan or policy’.

Section 2.14: ‘Unrealisable assets’ are those which cannot be easily converted into cash.

A solicitor will be able to advise you whether an asset is realisable or not. If in doubt,

the asset should be mentioned in this section and the judge will decide.

Section 2.20 This is a summary of the information you have provided previously in Parts 1-10 of

Form E. To complete it, you will need to refer back to each section again and only note

the figure in the box with an alphabetical reference number next to it. For example, you

will find the figure for (A) on page 4, in section 2.1.

3 Financial requirements

Section 3.1: In the box headed ‘Income needs of yourself’ you need to add the weekly, monthly or

annual cost of each item. It should include, for example, finance payments where a

car or household goods are being purchased on credit. (If you run out of space when

completing this section, please continue on a separate sheet of paper and attach to

Form E, clearly numbering the section they refer to e.g. section 2.3 cont.)

Section 3.2: You should also include in this section details of any items you hope to buy in the near

future. For example, the reasonable cost of buying a new car or house.

4 Other information

Section 4.2: The term ‘standard of living’ invites you to express your own view or opinion. Try to

give details of the kind of lifestyle you and the family enjoyed during your marriage or civil

partnership. For example, the number of holidays you took over the course of a year.

Section 4.3: The term ‘contribution’ does not refer solely to financial contributions and you can

include the fact that you looked after the family home and cared for the family unit.

Section 4.6: If you have remarried or subsequently formed a civil partnership (or intend to) or are

living with another person (or intend to) you will need to complete this section. It is

important that the court making the decision has as complete a picture of the available

finances as possible.

5 Order sought

You may wish to seek legal advice to answer the questions in this part of Form E. Public funding

of your legal costs may be available from the Community Legal Service Fund.

Section 5.3: An ‘Avoidance of Disposition Order’ is an order that the court can make to set aside or

overturn a transaction that has already taken place (or that you believe is about to take

place) e.g. a sale/mortgage of land or other asset. You might consider this transaction

to be a step intended by the other party to deprive you of the benefit of sharing in it, or

may have the effect of reducing the assets available for distribution between you.

Schedule of documents to accompany Form E

Now that you have completed Form E please ensure that copies of the items listed in the checklist,

relevant to your application, are attached.

You should not attach original documents but keep them available for inspection by the other

party and the Court.

If you are unable to attach any copy documents to Form E when you file it you must add a

short note to Form E explaining why you were unable to attach the copy document.

Please note – any copy documents that you wish to attach to Form E will need to be verified

as an exhibit or attachment to Form E.

Sworn confirmation of the information you have provided in Form E is true

This section must be completed. You have to confirm either by swearing on oath or by affirming

that the information you have provided is a full, frank, clear and accurate disclosure of your

financial and other relevant circumstances

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-e-eng.pdf

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no form E when i tried to download
i'm trying to download a Form E to type up on my computer, this link doesn't seem to be working.
Hope it gets fixed soon - I've already used another source for the form, completed it, and then lost it. Its a b....r of a form to fill in, and I really don't want to have to do it more than once more!!
rating = 1 star - because there isn't a form, soz.
regards
L.
L
Very useful. Excelent information.
I printed off the E Form 85% completed and now I know what else I have to do.
P
very helpful to fill formE
Very helpful to fill form E
K
good to read as progressing through form
It made it clearer to fill in the form,also what is important and why.
MC
New version of Form E please
Thank you for excellent info!
Is there any chance of getting new version of form E (04.12) ?
N
E Form help
Brilliant, thank you, very helpful as im representing myself and its good to find out so much information so you know that your filling forms in correctly.
S
E FORM help
Very good to find this kind of help at hand for the FORM E. I did have to 'holler' for extra help, and got it from other Wikivorce users.

I also found this added help and info http://www.divorcefinance.co.uk/images/Notes%20to%20FormE.pdf
M
Brilliant
Wish I'd read this before I asked my solicitor the questions and got charged £17.50 for a 6 min phone call!!
W
fantastic
Really helpful set of guidelines, much more use than the "Notes for guidance" produced by the court which didn't say anymore than was on Form E itself!
E
Help with Form E
This was so thorough and helpful. I really thank the people who have gone to so much trouble to help the rest of us through such a daunting document. I particlarly appreciate the added suggestions, such as enclosing housing details from estate agents for similar housing to that you are seeking. This guide has made such a difference to how I feel at the end of this weekend after working on Form E, and I am grateful
R
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