How to guide: Form E

An in depth guide on how to fill out form E, written by Wikivorce.

Introduction

Form E is a very important form used in the divorce process. Form E is used as your financial statement and is how you tell the court about your finances. Both you and your ex need to fill out separate form E’s. If you and your ex have managed to agree on your finances between yourselves, you do not need to fill out form E, instead you will need to give the court a consent application before your first appointment.

A financial order is the decisions that the court makes on things such as how the finances should be split, if the marital home should be sold, how to split savings and pensions etc. All these decisions will be written into a financial order and will be legally binding.

Who is required to submit Form E

Both parties must fill out and submit form E, Financial proceedings can not start until both sides have completed and filed form E. You need to send form E to the court and a copy to your ex at least 35 days before your first appointment date (your first appointment date will be on form C – notice of first appointment). If you send the form in late, the court may fine you.

When is the form E due

Form E is due 35 days BEFORE your first appointment.

Costs

There is no cost to submit form e to court, this will fall under the financial remedy process at which point the £250 court fee would have already been paid.

Click to download Form E

Form E

Document Type: Microsoft Word Published by: HM Courts & Tribunals Service Last Updated: March 2023

Scroll futher down the page to download a COMPLETED example of form E.

How to fill out and complete form E step by step.

Form E is a long form and may take a while to complete but try not to become overwhelmed as this is the most important form in the financial process and it it’s very important to fill it out correctly. Don’t rush, you may want to spilt the form into sections and fill it out over a few days, so you don’t become stressed or overwhelmed. Make sure you can give your full concentration to the form so make sure you are free from distractions and interruptions. Tell the truth, do not miss anything out (either deliberately or by accident). If you lie on the form or deliberately leave information out, you can get charged with perjury. If you are unsure if you should include something in the form, write it down anyway as it is better to write down something that isn’t important than to leave something out that is important.

This guide includes pictures to help you navigate the form, not all pictures will show the full page, please make sure you are filling out the correct section.

Page 1/2 - To be completed by the relevant party

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Fom E page 1

To be completed by the relevant party: (Box In top right corner) The parties are:

Page 3 - General information

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Form 1 Page 2

1.1 – Write your full name in this box (remember middle names). 1.2 – Write your date of birth in DD/MM/YYYY format. 1.3 – Write the date you and your ex got married or entered a civil partnership. 1.4 - Write your occupation. 1.5 - Write the date you and your ex separated.

1.6 - Write the dates of when your petition of divorce/dissolution/nullity/judicial separation, decree nisi and decree absolute (if you have it yet) where issued.

1.7 – If you have re-married or formed a civil partnership since you and the respondent have separated write the date in which you re-married or entered a civil partnership.

1.8 – If you are living with a new partner, tick this box.

1.9 – If you are intending to live with a new partner in the next 6 months tick yes, if you aren’t tick no.

1.10 – This section asks for details of any children you have, this includes any children from previous relationships, relationships after you and the respondent have separated, any stepchildren and any adopted children. Write their full names, dates of birth and who they are currently living with in the appropriate boxes.

1.11 – This section is asking you if you or your children have any physical or mental illnesses that you would like to be taken in to account when the court makes their decisions, write any long term illness you or your children have, if you or your children do not have any long term illnesses just leave this section blank.

Page 4 - General information continued

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Form E page 3

1.12 – This is asking you where your children are currently going to school, college and any future arrangements, so for example:

Present arrangements: *Child’s name* is currently attending XXX primary school. Future arrangements: in September 2023 *child’s name* will be attending XXX secondary school.

1.13 – This section is asking you for details on child maintenance, this can either be payment sorted between you and your ex or by the child maintenance service. If you have not come to an agreement with your ex you will need to prepare an estimate of how much the parent that the children don’t live with will need to pay, you can use this calculator to get an estimate. (https://www.gov.uk/calculate-child-maintenance) you could say something like this,

‘I used the GOV.uk child maintenance calculator to receive an estimate of how much I/the respondent should pay towards child maintenance, the calculator gave me an estimate of £XXX a week.

1.14 – This section is asking you if you are wishing to change an order, if you are asking the court to change an order then you will need to attach a copy of the order and explain what you want changed and why.

1.15 – This is where you tell the court about any other court cases between you and your ex, write in the details they are asking you. Court cases such as child arrangements order, Non-molestation order or an occupation order, Property adjustment order etc.

1.16 – This section is asking you where you are currently living and who else lives with you, ‘Terms of Occupation’ means if you are a tenant, roommate, if you own the house or if its temporary accommodation.

Page 5 - Financial details

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Form E Page 4

Financial details

2.1 - Family home

Page 6 - Financial details - other property

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Form E page 5

2.2 –

This section is for any other property you own; you would fill in this section the same way you filled in section 2.1.

Page 7 - Bank and investment details

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Form e page 6

2.3 Bank Details 2.4 Investment details

Page 8 - Life insurance and money owed details

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Form E Page 7

2.5 – Life insurance details 2.6 – Details of all monies that are OWED TO YOU.

Page 9 - Cash and personal belongings details

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Form E page 8

2.7 – Details of all cash held in excess of £500.

This section is referring to any cash you have over £500, you MUST state this money or else you are withholding information.

2.8 – Details of personal belongings individually worth more than £500. Include – cars, collections, pictures, jewellery, furniture and house contents.

This section is asking for information on any belongings worth more than £500, If you don’t have any belongings worth more than £500 you can write non-applicable in the box.

‘Worth more than £500’ means that you could sell the belonging for more than £500, not that you bought it for £500. You may need to have items valued.

Page 10 - Liabilities and capital gains

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Form E page 9

Part 2: Liabilities and capital gain. Financial details 2.9 –

This section is asking for details of any liabilities you have. A liability is a debt, so you need to list any and all debt you have apart from mortgages and any overdrawn bank building society or national savings accounts. You need to include money owed on credit cards and store cards, bank loans and hire purchase agreements (credit agreements). If you have a joint liability you will need to give the names of the other account holders.

2.10 - Capital gains tax Capital gains tax is a type of tax you pay when you sell something for a profit.

This section is asking you if you sold any of your property or personal assets how much capital gains tax you would (roughly) have to pay. This section will not apply to everyone, so write 'non-applicable' if it does not apply to you. You can use this calculator to help you work how much capital gains tax you would need to pay.

In the next box you need to add together D1 and D2 to get your total value of your liabilities.

Page 11 - Capital business assets

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Form E page 10

Financial details

Part 3: Capital business assets and directorships.

2.11 -

This section is asking you about businesses you have an interest in. If you own a business (either partly or fully) or if you are self-employed you need to fill this section in, if this section does not apply to you, write non-applicable.

Documentation required for this section – A. Copies of the business accounts for the last two financial years.

B. Any documentation, if available at this stage, upon which you have based your estimate of the current value of your interest in this business, for example a letter from an accountant or a formal valuation. It is not essential to obtain a formal valuation at this stage.

Page 12 - Directorships

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Form E page 11

2.12 -

List any directorships you hold or have held in the last 12 months (other than those disclosed in section 2.11). If this section does not apply to you, write non-applicable.

Page 13 - Pensions and pension protection fund (PPF) compensation

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Form E page 12

2: Financial details
Part 4 capital: Pensions and pensions protection fund (PPF) compensation.
2.13 -

This section is asking you about your pension rights, if you are only entitled to the basic state pension you can leave this section blank as this section does not apply to you. If you have any other pensions such as a private pension or a workplace pension you will need a valuation of your pension rights, you can ask your pension provider to do this to you. Complete one page for each pension right.

Include (complete a separate page for each one) –

Documentation required for attachment to this section:

Page 14 - Capital: Other assets

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Form E page 13

Financial details Part 5: Capital: Other assets. 2.14 -

This section is asking you for information on any assets you have not yet stated, even outside of England and Wales. This can be assets you fully own or part own. Remember you have to state all your assets in this form, or you can be charged with perjury.

INCLUDE (the following list is not exhaustive):

Page 15 - Earned income from employment

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Form E page 14

2: Financial details Part 6 income: earned income from employment. 2.15 - Details of earned income from employment. Compete one page for each employment.

This section is asking you how much you earn from your current employment (if you have more than one job you will need to fill in a page for each). You will need to attach the following documents as proof.

Page 16 - Income from self-employment or partnership

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form E page 15

2.16 -

This section is asking for details of your income from your business(es). You will have already given details of your business and provided the last two years accounts at section 2.11, complete this section giving details of your income from your business. Complete one page for each business. You can ask your accountant to help fill in this section.

Documentation required for attachment to this section:

Page 17 - Income from investments e.g. dividends, interest or rental income.

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Form E page 16

2: Financial details. Part 8: Income from investments e.g. dividends, interest or rental income. 2.17 -

Details of income received in the last financial year (the year ended the last 5th of April) and your estimate of your income for the current financial year. Indicate whether the income was paid gross or net of income. You are not required to calculate any tax payable that may arise.

This section is asking you for details on income you get from investments and rental income in the last financial year. You might receive this income in the form of rent, interest, or dividends.

Page 18 - Income from state benefits (including state pension and child benefits).

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2: Financial details Part 9 – Income: Income from state benefits (including state pension and child benefits). 2.18 - Details of all state benefits that you are currently receiving.

This section is asking you for details on any kind of benefits you currently receive. If you do not receive benefits of any kind, you can leave this section blank.

Page 19 - Any other income

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Form E page 18

2: Financial details Part 10 – Income: Any other income 2.19 -

This section is asking you for any other income you receive that has not yet been disclosed. You must remember that you must disclose ALL income or you else you can be charged with perjury.

Page 20 - Summaries

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Form e page 19

2: Financial details
Summaries.
2.20 -

Summary of your capital (parts 1 to 5). In this section you will need to summarise your total finances and give a total value of ALL your assets. You need to go back through the form and write the current value of assets in the corresponding boxes and then add the values up together to come to the total value of all your assets.
You need to do the same with your income and add ALL your estimates together to come to a total estimate of all your income.

Page 21 - Income needs

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Form e page 20

3: Financial requirements
Part 1: Income needs
3.1/3.1.1/3.1.2 -

These sections are asking you about your own and any children that are in your care financial needs.
Income needs for yourself and for any children living with you or provided for by you. ALL figures should be annual, monthly, or weekly (state which). You must not use a combination of these periods. State your current income needs and, if these are likely to change in the near future, explain the anticipated change and give an estimate of the future cost.

Before you compete this section, it is a good idea to make a list of things that you need to pay for, for both you and your children. Think of things such as accommodation costs, Household expenses, children’s school expenses, childcare costs, clubs and classes your children may attend, pet expenses, and your own personal expenses.

Click HERE to see a detailed list of income needs.

Page 22 - Capital needs

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Form E page 21

3: Financial details Part 2: Capital needs 3.2

Set out below the reasonable future capital needs for yourself and for any children living with you or provided for by you.

3.2.1 Capital needs for yourself. 3.2.2 Capital needs for children living with you or provided for by you. If you don’t have any future capital needs just write non-applicable.

Page 23 - Other needs

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Form E page 22

4: Other information

4.1

Details of any other significant changes in your assets or income.

4.1.1

This section is asking for details of any significant changes to your income in the last 12 months.

4.1.2

This section is asking for details of any significant changes to your income that are likely to happen in the next 12 months.

4.2

This section is asking you about the standard of living you and your ex had.

This means things such as –

At both sections 4.1.1 and 4.1.2, INCLUDE:

Page 24 - Contributions/bad behaviour

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Form E page 23

4.3

This section is asking you if there are any particular contributions to the family property and assets or outgoing or to family life that have been made by you, your partner, or anyone else that you think should be taken into account. If there are any such items, briefly describe the contribution and state the amount, when it was made and by whom. These contributions could be things such as a family member contributed to the deposit of the family home, if either you or your ex significantly contributed more financially to the marriage, if a family member pays for things for you (bills, clothes, prescriptions etc.) or for the children.

4.4

This section is asking you if there has been any ‘bad behaviour’ from your ex that you think should be taken into account when the courts make their decisions. Bad behaviour will only be taken into account in very rare circumstances, Bad behaviour could be things such as financial, compulsive/over spending, gambling addiction, hiding money, alcohol/drug abuse etc. It should be conduct that could have/ or has had a detrimental affect the marital finances.

4.5

This section is asking you for details on contingent liabilities (things that may happen but may not). Only write down things that you have reason to believe they could happen such as you or your ex becoming redundant, inheritance, starting a new job etc. Make sure to also include the bullet points it asks for.

INCLUDE (the following list is not exhaustive):

Page 25 - Re-marrying/entering a new civil partnership

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Form E page 24

4.6

This section is asking you if you have re-married, entered a civil partnership (or intend to) or have moved in with someone else (or intend to). The reason the courts ask for this information is so they can make a fairer decision. You need to give the court as much information as you can, if you don’t know this information write unknown.

Page 26 - Order(s) sought

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Form E page 25

These sections are asking you for details on the kind of order(s) you wish the court to make. You need to give as much information as you can.

5.1

If you are able to, specify what kind of orders you are asking the court to make. If you can’t be specific at this stage, you can try to indicate –

  1. If the family home is still owned, whether you are asking for it to be transferred to yourself or your spouse/civil partner or whether you are saying it should be sold.
  2. Whether you consider this a case for continuing spousal maintenance/maintenance for your civil partner or whether you see the case as being appropriate for a ‘Clean Break’. A clean break means a settlement or order which provides amongst other things that neither you nor your spouse/civil partner will have further claim against the income or capital of the other party. A clean break does not terminate the responsibility of a parent to a child.
  3. Whether you are seeking a pension sharing order, a pension attachment order, pension compensation sharing order or a pension compensation attachment order.
  4. If you are seeking a transfer or settlement of any property or assets, identify the property or assets in question.

5.2

In this section you need to state if you are seeking a variation of an ante-nuptial or post-nuptial settlement or a relevant settlement made during, or in anticipation of, a civil partnership, identify the settlement, by whom it was made, its trustees and beneficiaries and state why you allege it is a settlement which the court can vary.

5.3

If you are seeking an avoidance of disposition order, or if you have already applied for such an order, identify the property to which the disposition relates and the person or body in whose favour the disposition is alleged to have been made.

An avoidance of disposition order is an order that stops the disposal of assets, if one party is attempting to stop the other party having a share in the asset.

Page 27 - Statement of truth

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Form E page 26

Statement of truth

*[I believe] [the Applicant/Respondent believes] that the facts stated in this statement are true *I am duly authorised by the Applicant/Respondent to sign this statement and confirm that the information given above is a full, frank, clear and accurate disclosure of my financial and other relevant circumstances.

A statement of truth is you promising the court that all the information you have given in the form is true, and that you have disclosed all you financial information to the court. Once again, you MUST be truthful to the court and give ALL your information if you hide information from the court you can be charged to perjury.
Put in the relevant information into the boxes and sign.

Page 28 - Documents

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Form E page 27

Schedule of documents to accompany form E
This list tells you the documents you must attach to form E (if applicable) you can attach other documents to clarify information given. Tick the boxes of what documents you have attached.

How to submit your form E

To submit your form E to the court you will need to send form E to the court and a copy to your ex at least 35 days before your first appointment date (your first appointment date will be on form C – notice of first appointment). If you send the form in late, the court may fine you. You will also need to swap form e's with your ex (a copy of the form) to check over to make sure they have disclosed everything.