When court proceedings are issued in respect of the matrimonial finances then it is a requirement that parties’ make financial disclosure by way of Form E. The court will provide a timetable as to when the forms are to be exchanged. The idea of having a form to complete with supporting documents attached rather than just exchange bank statements is to make it easier for the parties to provide all the information required in a standard format. This helps the parties and the court more easily identify where information is missing, needs to be clarified or where expert input needs to be sought.
The basic Form E runs to 30 pages (though more can be added for addition information) and therefore it can be a daunting prospect to be presented with a blank form E and the request to complete it. The form is broken down into five sections each with the aim to capture different information and to organise it in a manner to make it easier to assimilate. The form is not only capturing the information about assets and liabilities but also the other factors which could influence the financial settlement.
Section 1 is to set out the basic background information and information about you, your name, age, occupation and at what stage you have reached in the divorce application.
The form does ask about your and any children’s health, this is not meant to be a list of all minor ailments but is trying to ascertain whether there are any health issues which need to be taken into account when the court is considering a financial settlement ie those which could impact housing needs, earning capacity or the ability to work. Health issues of this type may require further information which will be disclosed to your ex.
The form also requires you to set out where you are living and who else occupies the property. If there are reasons as to why your location should not be disclosed to your ex, then a C8 form can be filed and this noted on the Form E. The court does need to know where you are living but can keep this information confidential.
The other questions in respect of whether there is a child maintenance calculation, where the children are education or if there are other court proceedings are all there to try to prevent pertinent information from falling through the cracks, as if the court does not know then it cannot take it into account.
It is important that care is taken when completing the form as it is verified by a statement of truth.
For more information on matrimonial matters or to find out how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.