Form E — the financial statement explained

What is Form E?

Form E is the Financial Statement used in financial remedy proceedings — the court process for dividing finances on divorce or dissolution of a civil partnership. It is a comprehensive document that requires full disclosure of your entire financial position.

Both parties complete their own Form E separately, and both are filed with the court before the First Appointment. Each party also receives the other’s Form E, so both have complete visibility of the other’s financial situation.

Form E is a statement of truth — you sign it to confirm that the information is accurate. Providing false or misleading information is contempt of court and can have very serious consequences.

When do you need Form E?

Form E is used in contested financial remedy proceedings — where you and your spouse cannot agree on financial arrangements and the case is before the court.

If you are applying for a consent order — where you’ve already agreed — you use the shorter Form D81 (Statement of Information for a Consent Order) instead.

What Form E covers

Form E has eight sections. Each requires detailed information and supporting documents.

Section 1: General information

Basic personal details, information about the marriage, the divorce application, and any children. Straightforward, but make sure names and dates are accurate.

Section 2: Financial details — capital

This section requires full details of all capital assets:

Property — every property you own or have an interest in, including:

• The family home
• Investment properties
• Any property owned jointly with others
• Your estimated value and the outstanding mortgage

You must attach the most recent mortgage statement.

Bank and building society accounts — every account in your sole name or jointly held, with the balance at the date of Form E. Attach the last 12 months of bank statements for each account.

Savings and investments — ISAs, stocks and shares, Premium Bonds, investment accounts. Attach valuations.

Business interests — if you own or have a share in a business, you must disclose its value and attach accounts. Business valuation is often a significant and contested issue.

Pensions — all pension schemes, including:

• Occupational pensions (workplace pensions)
• Personal pensions
• State pension forecast (available from the government’s Check Your State Pension service)

For each pension you must provide a Cash Equivalent Transfer Value (CETV) — a figure from the pension provider showing what the pension is worth. Request CETVs from your pension providers as soon as possible, as they can take weeks to arrive.

Other assets — vehicles, valuable personal property, cryptocurrency, life insurance policies with a cash value.

Liabilities — all debts: credit cards, loans, overdrafts, money owed to individuals.

Section 3: Financial details — income

Full details of all income from all sources:

• Employment income — attach your last three payslips and your most recent P60
• Self-employment income — attach the last two years of accounts and tax returns
• Rental income
• Investment income (dividends, interest)
• Benefits
• Any other income

Be thorough. Income from all sources — however small — must be disclosed.

Section 4: Financial needs and obligations

This section asks you to set out your financial needs and those of any children:

• Monthly income needs — a detailed breakdown of your monthly outgoings
• Capital needs — what capital you need (for example, to rehouse yourself)
• Any future financial needs you anticipate

This section is important because the court must balance both parties’ needs when deciding how to divide assets.

Section 5: Standard of living

A brief description of the standard of living enjoyed during the marriage. Relevant mainly in higher-value cases where the court considers whether either party can maintain their pre-separation lifestyle.

Section 6: Conduct

You must disclose any conduct you intend to rely on in proceedings. Conduct is rarely relevant in financial cases — the threshold is very high (conduct that would be “inequitable to disregard”). Get legal advice before including anything here.

Section 7: Contributions

Details of any contributions you’ve made to the marriage that you consider relevant — financial contributions, non-financial contributions, inheritances brought into the marriage.

Section 8: Other information

Any other information you think the court should know.

Supporting documents

Form E must be filed with supporting documents. Exactly what’s required is set out in the form itself, but typically includes:

• Last 12 months of bank statements for all accounts
• Last 3 payslips
• Most recent P60
• Mortgage statements
• Pension CETVs
• Property valuations
• Business accounts (if applicable)
• Any other relevant financial documents

Missing documents can result in requests for further information and delays.

The duty of full and frank disclosure

The obligation to disclose your full financial position is absolute. It is not optional. You cannot choose what to include and what to leave out.

If you fail to disclose an asset — even one you think is irrelevant — and it’s discovered later:

• Any court order can be set aside and remade
• You may face a costs order
• In serious cases, you can be found in contempt of court

The duty of disclosure continues throughout the proceedings. If your financial position changes after you file Form E — for example, you receive an inheritance or a bonus — you must update your disclosure.

If your spouse doesn’t disclose everything

If you suspect your spouse has not made full disclosure, there are several tools available:

Questionnaire — after exchange of Form E, each party can send the other a questionnaire asking for further information and documents. This is the standard first step.

Non-party disclosure — you can apply for documents from third parties, such as banks or HMRC.

Search orders — in extreme cases, the court can order a search of premises.

Adverse inference — if a party refuses to disclose, the court can draw adverse inferences — assume they have assets they’re hiding and adjust the outcome accordingly.

Get legal advice if you suspect non-disclosure. The courts take it very seriously.

Timeline

Form E is usually exchanged simultaneously by both parties — both file their forms on the same day, so neither party sees the other’s before completing their own.

The deadline is set by the court at the FHDRA or when the financial application is made. Typically it’s around 5 weeks before the First Appointment.

Tips for completing Form E

• Start early — gathering documents (especially pension CETVs) takes time
• Be thorough — include everything, even if you think it’s irrelevant
• Be accurate — use up-to-date valuations and balances
• Keep evidence of everything you disclose
• Get help — a solicitor can save time and avoid costly mistakes