What Is Form E in Divorce?

Form E is the financial statement you and your spouse each complete when one of you applies to the court for a financial order on divorce, dissolution or annulment. It sets out everything you own, owe and earn, and what you will need in future, so the court can decide how your money and property should be divided.

It is a long form (30 pages), and what you put in it, and what you leave out, shapes your financial settlement. You can download the official Form E and its guidance notes from gov.uk.

Our divorce lawyers help clients complete Form E.

What is Form E?

Form E is a formal statement of your finances. You sign it with a statement of truth, which confirms that what you have written is full, frank and accurate.

You and your spouse or civil partner must each complete your own Form E. The court uses both forms to understand your financial position and your future needs, and those of any children.

Which form do I need: E, E1 or E2?

• Form E is for a financial order as part of a divorce, dissolution, annulment or judicial separation in England and Wales, or for financial relief after an overseas divorce.
• Form E1 is for other types of financial application.
• Form E2 is for most applications to change (vary) an existing financial order.

Do I need Form E if we have agreed a settlement?

No. If you and your spouse have agreed how to divide your finances, neither of you needs to complete Form E for the court. Instead, you send the court your agreement as a draft consent order, together with a much shorter statement of information (Form D81).

Many couples still complete Form E voluntarily, for example during mediation or solicitor negotiations. It gives both of you the same full picture before you agree anything.

In this short video, family law partners Lisa Pepper and Yael Selig explain Form E.

Where do I get Form E and where do I send it?

You can download Form E, its guidance notes and a large-print version from gov.uk. The current version is dated January 2023 (version 01.23).

Gov.uk says to post the completed form and all supporting documents to:

HMCTS Financial Remedy PO Box 12746 Harlow CM20 9QZ

You must also send a copy to your spouse, or to their solicitor if they have one. If you have a solicitor, they will usually file and serve it for you.

When do I need to complete Form E?

You and your spouse must exchange your Forms E, and file them with the court, at least 35 days before the first appointment. The first appointment is the first court hearing in your financial case.

You exchange at the same time, so neither of you sees the other’s form before sending your own. The court will send you a notice of the first appointment (Form C), which gives you the hearing date.

What happens if I send Form E late?

The court may make a costs order against you if you miss the deadline, meaning you could have to pay some of your spouse’s legal costs. At the first appointment, the court will also look at whether each of you sent the documents the form asks for, and at any explanation for gaps.

If you cannot get a document in time, such as a pension valuation, send the form anyway with a short note explaining why, and send the document as soon as you have it.

What happens if I leave something out or am not honest?

You have a duty to give full, frank and clear disclosure of your finances. The form itself warns that:

• any order the court makes may be set aside later if your disclosure was not full and accurate
• if you are found to have been deliberately untruthful, criminal proceedings for fraud may be brought against you under the Fraud Act 2006
• proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth

Being caught out also damages your credibility with the judge for the rest of the case. If you think your spouse is hiding money, read our guide to uncovering hidden assets in your divorce.

What documents do I need for Form E?

The form tells you which documents to attach in grey boxes at the start of each section, and lists them again in a checklist at the end. For most people, the main ones are:

• Bank accounts: statements covering the last 12 months for every account in your sole name, joint name, or where you are a nominee or beneficiary
• Employment income: your P60 for the last financial year, your last three payslips, and your P11D if you have one
• Self-employment: your last tax assessment (or a letter from your accountant) and business accounts for the last two financial years
• Property: any valuation obtained in the last six months (or your own realistic estimate) and a recent mortgage statement showing what is owed
• Pensions: a cash equivalent valuation from each pension provider
• Investments and insurance: the latest statements and any surrender values

Attach copies and keep the originals safe in case the court or your spouse asks to see them.

Our team can help you organise valuations and obtain up-to-date balances if you do not already have them.

Tips for each section of Form E

Form E has five sections.

Section 1: general information

This section asks for your personal details, such as your name, date of birth, occupation and address, and details of your children and other dependants.

You also need to tell the court about any physical or mental disability affecting you or your children. You do not need to mention minor ailments or provide medical reports at this stage. Health matters because it can affect your earning capacity and your future needs.

You will also be asked about:

• your children’s future education
• any child maintenance calculation, agreement or order
• any other court cases between you and your spouse, such as a child arrangements order

Arrangements for the children can be relevant to the financial outcome, especially to housing needs.

Section 2: your finances

This section asks for full details of your income, assets and liabilities. It is split into 10 parts, and three areas need particular care.

Property. For any land or property you own or have a beneficial interest in, you need a realistic current value and an up-to-date mortgage balance, so the equity is accurate. You also need the Land Registry title number. If you do not have it, one of our property lawyers can obtain it.

Pensions. Disclose every pension, however small, including old workplace pensions you no longer pay into. Each valuation must be no more than a year old at the date of the first appointment.

If a provider has not sent it yet, attach a copy of your request letter. Pension valuations can take weeks to arrive, so request them first. See how pensions are split on divorce.

Business interests. If you own or part-own a business, you need two years of accounts and whatever evidence you have of its current value.

Section 3: your financial requirements

Here you set out your income needs, and those of any dependants living with you, along with your future capital needs, such as a home. The court must consider needs when it decides how to divide your finances.

Go through your bank statements line by line, including monthly spending on groceries or eating out, and include the cost of anything you will need to buy soon, such as a replacement car.

Section 4: other information

This section covers:

• Standard of living. The lifestyle you and your family had during the marriage, for example the holidays you took. The court must take this into account.
• Contributions. These include looking after the home and caring for the family as well as money.
• Conduct. You can tell the court about your spouse’s behaviour, but conduct only affects the financial outcome in rare and extreme cases.
• New relationships. If you have remarried, formed a civil partnership, or live with (or plan to live with) a new partner, you must say so.

Section 5: order sought

This is where you say what financial orders you are asking the court to make. It is the starting point for negotiations, so take legal advice before you complete it. The orders you need depend on your circumstances and the assets involved, for example a pension sharing order or a clean break order.

What happens after you exchange Form E?

Exchanging Forms E is the start of the court process. The usual next steps are:

1. Questionnaire and statement of issues. At least 14 days before the first appointment, you each file a concise statement of the issues, a chronology, and a questionnaire asking for any further information or documents you need from the other person.
2. First appointment. The judge decides which questions must be answered and which documents must be produced, and gives directions about valuations and experts.
3. Financial dispute resolution (FDR) appointment. This is a meeting at court to help you negotiate a settlement. The judge gives a view on the likely outcome but does not decide the case, and cannot hear your final hearing. Many cases settle at this stage. Some couples use a private FDR instead.
4. Final hearing. If you still cannot agree, a different judge decides the outcome.

See also financial remedy orders.

How we can help

Osbornes Law has a team of divorce lawyers in London who can help you complete Form E and present your case to the court. We often sit down with clients and work through the form together, section by section, and we can organise property and pension valuations for you.

We act for UK and international clients. If you are overseas or outside London, we can work with you by video call and keep you up to date online.

Call us on 020 7485 8811 or fill in the contact form below.