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How do I complete a Form E?
When you are going through a separation, your first thought might be to start divorce proceedings, but it is important to try and reach an agreement in relation to the finances at the same time. This can take some time as there are many things you will need to consider, not only what will happen to the family home, but also pensions, savings, and budgeting for paying your bills in the meantime. Whether you decide to mediate, instruct solicitors or maybe even start court proceedings, the starting point will always be that you have to provide details of all your finances. You will need to provide bank statements, wage slips, pension values and evidence of any other assets you have. This is usually done by completing a financial form call a Form E. This form is designed for court proceedings, but is often used as basis for providing financial disclosure on a voluntary basis as well.
At first sight, the Form E looks intimidating as it is about 28 pages long. The Form does however ensure that you include all the relevant financial information and the form does tell you at each stage what documents you will need to attach to the form. You may also find that some sections are just not relevant to you. Generally, the form is broken down into 5 sections:
Section 1 – general information about you and your family
Section 2 – what your financial circumstances are
Section 3 – what your needs are
Section 4 – anything else about your financial circumstances that you consider is relevant
Section 5 – what you want to happen
This section includes details of your marriage, any children, health and living arrangements. This provides backround information which is relevant when considering a financial settlement.
This is the longest section and often the most daunting section , however it is also a very important part of the Form. You will be prompted to answer questions about property, bank accounts, savings, shares, life insurance, valuable items, money owed, debts, business interests, pensions, employment, self employment, and income. There are always likely to be sections that do not apply to your circumstances and you should simply note that in the section that it is not applicable. This will show that you have considered the question and not just simply ignored it. When a question is relevant to you, you should answer as honestly and comprehensively as possible.
You will see that as you get to each stage of the form, the section will tell you when you need to attach documentary evidence in support of your answers. It may be easier if you note the questions relevant to you and then gather together the documents to support these questions before you answer them. For example, if you have a pension, then you will be asked to provide a Cash Equivalent Transfer Value (CETV). This is the current value of the pension rather than the estimate of the pension entitlement will receive upon retirement. Therefore before you can fully complete this section, you will need to request the CETV from your pension provider. There is a checklist of documents at the end of the Form so you can tick off when you have got something.
This section allows you to explain what your income needs, both for yourself and any children and also what your larger needs are, such as housing, or car. You will need to provide a full list of your current and future outgoings with the form
This section allows you to explain any information you believe is important and should be considered when you are discussing your settlement or that you want the court to take into account. For example, this could be you are at risk of losing your job, or you might have a disability that might affect your ability to work. You will also need to declare any inheritance you have received or will be receiving. Again, there may be questions in this section that are not relevant to your circumstances.
This section lists what you would like to happen to the assets. It is not always possible to complete this section, as it may be the case that you are not sure what you want to happen and will not be able to decide until you have seen your spouse’s Form E. If this is the case, then you should simply write “to be advised”.
It is important that the information you provide on the form is accurate and gives an honest outline of your finances. You should read the warning on the front page of the form as it is considered ‘contempt of court’ if you deliberately provide false information.. If you require any assistance in completing a Form E, then please do not hesitate to contact Johnson Astills. We have a dedicated team of finance specialists that would be happy to help you. If you would like any information or assistance please contact us
On 0116 255 4855 or make an enquiry and we will get back to you.