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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To be completed by the relevant party: (Box In top right corner)
- Write the name of your family court where it says, ‘Name of Court’.
- Write your case number where it says, ‘Case No’.
- Write your name where it says, ‘Name of Applicant’ OR ‘Name of Respondent’ whichever is relevant to you.
- Write your ex’s name where it says ‘Name of Applicant’ OR ‘Name of Respondent’ whichever is relevant.
- Where it says ‘Of’ with a box underneath, write your name. Since this is your financial statement. Next to this box tick spouse or civil partner (whichever applies to you) and write the date in the ‘Date’ boxes in DD/MM/YYYY format.
The parties are:
- Write your name on the left hand side box, then tick either spouse or civil partner (which ever applies to you) and then tick applicant since you are the applicant and then lastly tick ‘financial relief application’.
- One the right hand side write your ex’s name (remember to use full names, including middle names) again, tick spouse or civil partnership, then tick respondent since they are the respondent then lastly tick ‘financial relief application’.
- At the bottom of the page where it says ‘This Statement Is Filled By …. Name And Address of Solicitor’ you would write your solicitors name and address, if you do not have a solicitor, you would write your own name and address. If you want to keep your address private from your ex you would need to send a Form C8 in with your Form A.
Page 3 - General information
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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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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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Financial details
2.1 - Family home
- Box 1- Write the property name and address.
- Box 2 - Write the land registry title number. You can find this on the land certificate, if you don’t have a land certificate you can call your mortgage company and ask them for it. Your property may not be registered so if not, just write non applicable.
- Box 3- Write the name(s) and address(es) of your mortgage company.
- Box 4- Write what type of mortgage you have, if you aren’t sure asking your mortgage company.
- Box 5- This section is asking you if you are the sole owner of the property, if you joint own the property with your ex, a friend, a family member or if you are in a shared ownership.
Examples:
‘I am the sole owner of this property’
‘I own this property jointly with the respondent’
‘I own this own this property jointly with a friend/family member *name*’
‘I have shared ownership of this property with the housing association’
- Box 6- If you feel as if the ownership that is recorded by the land registry does not reflect the true ownership, state why.
- Box 7- You should have had the property valued in the past 6 months, write down what the property was valued at.
- Box 8 - Write how much left you have to pay on the mortgage (full figure).
- Box 9 - Some mortgage companies will charge you if you decide to pay the mortgage back earlier, this is called a ‘Penalty’. If your mortgage company will charge you, you need to find out how much this penalty will be (call your mortgage company and ask them) and write down the full figure.
- Box 10 - You need to write an estimate of how much the property will sell for, this includes fees from estate agents, conveyancing, energy performance certificate etc.
- Box 11 -Total equity is how much that is left after you have taken away things like mortgages, mortgage penalties, fees from selling the property. The total equity is what will be split between you and your ex.
- Box 12 - Total value of your interest in the family home means how much value in the property you own.
Page 6 - Financial details - other property
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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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2.3
Bank Details
- Colum 1- Write the name of your bank or building society including the branch name.
- Colum 2-Write the type of account you have (e.g. Current, savings etc.).
- Colum 3- Write down your account number, you can find this on your bank card.
- Colum 4- If it is a joint account, write the name of the other account holder.
- Colum 5- Write what the balance of the most recent statement is.
- Colum 6- Write how much money in the account is yours. If the account is joint between you and your ex the answer is 50%.
- Colum 7 - In the box below you need to state how much value you own in these accounts.
2.4
Investment details
- Box 1- Write the name of you bank or building society including the branch names.
- Box 2- Write what type of investment you have.
- Box 3- Write the size of the contents of your investment’s portfolio.
- Box 4- Write the current value of your investment.
- Box 5- Write the name of anyone else you may share this investment with.
- Box 6 - Write the current value of your interest (Full figure).
- Box 7- The total value interest in all holdings is the full value of all your investments together.
Page 8 - Life insurance and money owed details
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2.5 –
Life insurance details
- Box 1- Write the name of the of the life insurance company.
- Box 2- Write what kind of policy type you have (e.g. term life, whole life, joint life etc.).
- Box 3- Write down your policy number, you don’t know it you can call your life insurance company and ask.
- Box 4- This section is asking if the life insurance policy has been assigned (meaning transferred) to someone else and what percentage they have. If you haven’t assigned the policy write non-applicable.
- Box 5- Write the names of a anyone else in the policy (will only apply if you have a joint policy) and what percentage you have in the policy.
- Box 6- A maturity date is a date that some policies pay out on. If you have a maturity date, write it down. If you are unsure or don’t know your maturity date, call your insurance company and ask.
- Box 7- A surrender value is how much your life insurance company would pay you if you were to cancel your policy. You will need to find out if your company has a surrender value and how much it is. Write down the surrender value.
- Box 8- This section is asking you how much money is paid when the person’s whose life is insured dies, you need to write the name of the person whose life is insured, and the amount of money paid out when they die.
- Box 9- The total current surrender value of your interest in this policy is how much money you will receive in total when the policy is cancelled.
- Box 10- The total of your interest in all polices is the total amount of interest you have in all polices.
2.6 –
Details of all monies that are OWED TO YOU.
- Box 1- Write a brief description of what money you are owed and who owes it to you.
- Box 2- Write the balance outstanding, how much money you are still owed.
- Box 3- The total current value of your interest is your current value of interest.
- Box 4- The total value of your interest in all debts owed to you is the total amount owed to you.
Page 9 - Cash and personal belongings details
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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.
- Box 1- Write where the money is being held.
- Box 2- Write how much money you have in cash.
- Box 3- Write what currency the cash is in
- Box 4- Write the total current value of your interest
- Box 5- Write the total value of interest in all cash sums (how much cash you have all together).
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.
- Box 1- Write a brief description of what the item is (e.g. car, television, necklace etc.).
- Box 2- Write the total current value of interest.
- Box 3- Write the total value of your interest in all personal belongings.
Page 10 - Liabilities and capital gains
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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.
- Box 1– Write the debt you have (e.g. loan, credit card).
- Box 2– Write the name(s) of anyone else who is also an account holder in the liability.
- Box 3– Write how much the liability is in total.
- Box 4– Write how much you will pay towards the debt.
- Box 5– Write how much you will pay towards ALL liabilities in total.
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.
- Box 1– Write a brief description of what the asset you could sell for profit is.
- Box 2– Write the capital gains tax you would need to pay for that asset.
- Box 3– Write the TOTAL amount of capital gains tax you would need to pay for all assets.
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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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.
- Box 1– Write the name of the business
- Box 2– Give a quick description of what your business does (e.g.: I make handmade products and sell them on Etsy.)
- Box 3– Tick the box that applies to you.
- Box 4– Write your share in the business (if you are a partner or shareholder).
- Box 5– Write the date when your next set of accounts will be available.
- Box 6– If you believe any of the figures in the last account are not a reflection of the current position, explain why.
- Box 7– State any money you are owed and identify where in the accounts.
- Box 8– How much you estimate the current value of your business interest and explain how you have come to that estimate.
- Box 9– Write an estimate of the capital gains tax you would need to pay if you were to stop business.
- Box 10– Write the net value of your share in the business after capital gains tax.
- Box 11– Write the TOTAL value of ALL your business assets.
Page 12 - Directorships
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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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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) –
- Additional state pension ( SERPS and state section pension (S2P) ).
Free standing additional voluntary contribution schemes (FSAVC) separate from the scheme of your employer.
- Membership of all pension plans or schemes.
PPF compensation entitlement for each scheme you were a member of which has transferred to PPF
Documentation required for attachment to this section:
- A recent statement showing the cash equivalent (CE) provided by the trustees or managers of each pension arrangement; for the additional state pension, a valuation of these rights or for PPF a valuation of PPF compensation entitlement.
- If any valuation is not available, give the estimated date when it will be available and attach
a copy of your letter to the pension company, administrators, or PPF Board from whom the
information was sought and/or state the date on which an application for a valuation of an
Additional State Pension was submitted to the Department of Work and Pensions.
- Box 1– Write the name and address of your pension arrangement company or PPF board.
Box 2– Write your national insurance number.
- Box 3– Write either your pension arrangement number, reference number or PPF compensation number.
- Box 4– Write the type of scheme you have.
- Box 5– Write the relevant date. (CE means cash equivalent)
- Box 6– Answer yes or no, this part is asking if you are getting income from your pension. Drawdown Is when you take money out of your pension without buying annuity. Answer the question relevantly.
- Box 7– State the valuation of your pension rights.
- Box 8– If the CE has been reduced, write what the CE would have been if it had not been reduced.
- Box 9– Answer yes or no. This part is asking you if you are either due or are currently receiving pension compensation and if the compensation is capped.
- Box 10– write the total value of all your pension assets.
Page 14 - Capital: Other assets
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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):
- Any personal or business assets not yet disclosed.
- Unrealisable assets.
- Share option schemes, stating the estimated net sale proceeds of the shares if the options were capable of exercise now, and whether Capital Gains Tax or income tax would be payable.
- Business expansion schemes.
- Futures.
- Commodities.
- Trust interests (including interests under a discretionary trust), stating your estimate of the value of the interest and when it is likely to become realisable. If you say it will never be realisable, or has no value, give your reasons.
- Any asset that is likely to be received in the foreseeable future.
- Any asset held on your behalf by a third party.
- Any asset not disclosed elsewhere on this form even if held outside England and Wales.
- Box 1– Brief description of the asset. (e.g. necklace, car, television etc.)
- Box 2– Write the value of the asset.
- Box 3– Write the total net value of your interest in the asset.
- Box 4– Write the total value of all your assets together.
Page 15 - Earned income from employment
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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.
- P60 for the last financial year (you should have received this from your employer shortly after the last 5th April)
- Your last three payslips
- Your last Form P11D if you have been issued with one.
- Box 1– Write the name and address of your employer.
- Box 2– Write what your job title is and what kind of work you do (e.g. customer service, admin, teacher, doctor etc.)
- Box 3– Write how many hours you work a week at this job.
- Box 4– Write how many months/years you have worked at this job.
- Box 5– Explain how you get paid, e.g. £X.XX an hour, £XXXXX salary.
- Box 6– Write how much you earned in the last financial year all together; you can find this on your P60.
- Box 7– Write your net income for the last financial year.
- Box 8– Write your average net income for the last three months.
- Box 9– Explain any other entries on your payslip.
- Box 10– If you believe that your payslip doesn’t accurately reflect your income, explain why.
- Box 11– Write the details of any other payments you receive from your employer.
- Box 12– Write the details of any benefits/perks you receive from this job (e.g. company car, free meals etc).
- Box 13– Write your estimate of your net income for the next 12 months, if this differs significantly from your current income explain why in 4.1.2.
- Box 14– Write your TOTAL estimated net income for the next 12 months.
Page 16 - Income from self-employment or partnership
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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:
- A copy of your last tax assessment or, if that is not available, a letter from your accountant confirming your tax liability.
- If net income from the last financial year and estimated net income for the next 12 months is significantly different, a copy of management accounts for the period since your last account.
- Box 1– Write the name of the business you own/work for.
- Box 2– Write the date of your last accounts.
- Box 3– Write your share of gross business profits.
- Box 4– Using the two figures directly above, gross business profit and national insurance payable, write your net income for that year.
- Box 5– Write the details of any benefits, perks or other remuneration you have received from this business in the last year.
- Box 6– State any money you regularly take from the business.
- Box 7– If the estimated figure directly below is different from the net income as the end date of the last completed accounts, explain why.
- Box 8– Write your estimate of net income for the next 12 months.
- Box 9– Write your estimated TOTAL net annual income for the next 12 months.
Page 17 - Income from investments e.g. dividends, interest or rental income.
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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.
- Box 1– Write what kind of income it is (rent, dividend) and where the income comes from (rental property, investments).
- Box 2– Write the paid gross or net amount.
- Box 3– Write how much income you have received from this asset in the last financial year.
- Box 4– Write your estimate of how much income you will receive from this asset in the next 12 months.
- Box 5– Write your estimate of how much income you will receive from ALL your assets in the next 12 months in TOTAL.
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.
- Box 1– Write the name of the benefit you receive (e.g. job seekers, housing benefit, universal credit etc.)
- Box 2– State how much income you receive from each payment.
- Box 3– Write how often you receive payment (e.g. monthly, weekly, bi-weekly).
- Box 4– State your estimate of how much income you will receive from this benefit in the next 12 months.
- Box 5– State your estimate of how much income you will receive from ALL your benefits in the next 12 months.
Page 19 - Any other income
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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.
- Any source including a Pension (excluding State Pension), and Pension Protection Fund (PPF) compensation
- from which income has been received during the last 12 months (even if it has now ceased)
- from which income is likely to be received during the next 12 months
- Box one – State what kind of income you receive.
- Box 2– Write your paid gross or net amount.
- Box 3– Write how much income you have received from this asset in the last financial year.
- Box 4– State your estimated income from this asset for the next 12 months.
- Box 5– State your estimated TOTAL of ALL other income in the next 12 months.
Page 20 - Summaries
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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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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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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.
- All capital needs for yourself.
- Capital needs for any children living with you or provided for by you only if these form part of your total capital needs (e.g. housing, car, etc.).
3.2.2
Capital needs for children living with you or provided for by you.
- Only those capital needs that are different to those of your household shown above. These sections are asking you for details about your capital needs. Capital is a sum of money. Fill in these sections with ALL your capital needs. You may need capital for things such as your house, car or children’s school/college needs. Write down anything that you will need a sum of money to pay for.
If you don’t have any future capital needs just write non-applicable.
Page 23 - Other needs
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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.
- You are earning more/less.
- You have become unemployed.
- You have less/more savings.
- An asset has recently decreased or increased in value.
- You have won money from scratch cards, lottery, betting etc.
- Inheritance.
- Inflation.
- Cost of living.
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.
- You are planning to leave your job.
- You are planning to retire.
- Expecting to be made redundant.
- Any kind of benefit is going to be stopped.
- Expecting a bonus.
- Expecting to need time of work.
- Inflation.
- Cost of living.
4.2
This section is asking you about the standard of living you and your ex had.
This means things such as –
- How many holidays would you go on.
- How many times you and your ex would go out to eat at a restaurant.
- If you had a cleaner.
- If you had a gardener.
- How many bedrooms your house had/has.
- Quality of the hose you live/lived in.
- How much disposable income you had.
- How much money you saved during the marriage/civil partnership.
At both sections 4.1.1 and 4.1.2, INCLUDE:
- ALL assets held both within and outside England and Wales
- The disposal of any asset
Page 24 - Contributions/bad behaviour
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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.
- Contributions already made.
- Contributions that will be made in the foreseeable future.
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):
- Earning capacity
- Disability
- Inheritance prospects
- Redundancy
- Retirement
- Any agreement made between you and your spouse/civil partner before or after your marriage/civil partnership stating whether or not you rely upon the agreement giving your reasons
- Any plans to marry, form a civil partnership or live with a new partner
- Any contingent liabilities
Page 25 - Re-marrying/entering a new civil partnership
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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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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 –
- 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.
- 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.
- Whether you are seeking a pension sharing order, a pension attachment order, pension compensation sharing order or a pension compensation attachment order.
- 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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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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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.