Form E and Financial Disclosure

Full and honest financial disclosure is the foundation of a fair settlement. Form E is how it is done.

A fair financial settlement is only possible if both people are open about what they have. That is why, on divorce, each of you has a duty to give full and frank disclosure of your financial circumstances, and the standard way of doing so is by completing a financial statement called Form E. Understanding Form E, and completing it properly, is one of the most important steps in sorting out the finances.

Our family solicitors guide you through financial disclosure and Form E, so your finances are presented clearly and completely, and so you understand your former partner’s.

What is Form E?

Form E is the official financial statement used in divorce. It is a detailed document, running to many pages, in which you set out a complete picture of your finances: your property, savings and investments, pensions, income, outgoings, and any liabilities. It is prescribed by the court rules and is well understood by family lawyers, mediators and judges alike.

Form E is required where the court is asked to decide the finances, but it is also widely used, voluntarily, where a couple are settling by agreement or in mediation, because it is the best way to gather a full and comparable picture of both people’s finances.

The duty of full and frank disclosure

Both people have a legal duty to disclose their finances fully, frankly and honestly. Form E is signed with a statement of truth, and getting it wrong, whether by hiding assets or simply failing to mention something, is serious. A settlement based on incomplete or inaccurate disclosure can be set aside by the court, even years later.

We make sure your disclosure is complete and accurate, protecting you from the risk of a settlement being reopened, and we help 

How Form E is completed, and what you need

Completing Form E means working through each section and gathering the documents that support it, typically bank statements, property valuations, mortgage statements, pension valuations known as a cash equivalent value, business accounts, and details of any debts. It takes care and time, and it is where a good case is built.

We provide the form, help you work through it, check it over, and make sure the supporting documents are in order, so your finances are presented in the best and clearest way.

What happens with disclosure

Once both Form Es are exchanged, each side can raise questions about the other’s, through a questionnaire, to fill gaps and test the figures. This process of disclosure and questions builds the full financial picture on which a fair settlement, whether agreed or decided by the court, is based.

We review your former partner’s Form E, raise the right questions, and use the disclosure to advance your position, whether in negotiation, mediation or court.

Frequently asked questions

What is Form E?

Form E is the official financial statement used in divorce, a detailed document in which you set out a complete picture of your finances: property, savings, investments, pensions, income, outgoings and liabilities. It is required where the court decides the finances, and widely used voluntarily in negotiation and mediation too, because it gives a full, comparable picture of both people’s finances.

Do I have to complete a Form E if we agree?

Not strictly, but it is strongly recommended. Even where you are settling by agreement or in mediation, completing Form E, or exchanging the same information, ensures both of you have disclosed fully, which is what makes a settlement fair and durable. We can guide you through voluntary disclosure as well as court proceedings.

What happens if someone hides assets?

It is taken very seriously. Form E is signed with a statement of truth, and both people have a legal duty of full and frank disclosure. If a settlement is later found to have been based on hidden or inaccurate disclosure, the court can set it aside, even years afterwards. We make sure your disclosure is sound and help identify where a former partner’s may not be.