An easy to use, step by step guide to completing Form E
DivorceLawyer's step by step guide to completing
Form E - HOW TO COMPLETE A FORM
E
Page 1:
Put your name in the left hand box. You
only complete the right hand box if there are proceedings issued (i.e. you
are not doing voluntary disclosure) and you can get all those details from
any of your divorce papers. In the next two boxes, the name of the
Applicant goes on the left, the Respondent on the right. If this is
voluntary, ignore them. The bottom box, put in your name and address if you
are self repping, or the name of the firm and the address if you are
not.
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Boxes 1.1 to 1.5 are self explanatory.
Box 1.6, you just complete the boxes for which stage the divorce is up to.
1.7 to 1.9 are self explanatory 1.10 you include all children of the family
here, including step-children 1.11 for health details, the court is looking
for anything that may have a financial impact, ranging from a disability
that means you can't work and/or need adaptations to a house down to
something that requires regular prescriptions.
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3:
1.12 In terms of future arrangements, the court is looking in
the short to medium term so for instance if you have a 6 year old, you do
not need to put that you hope s/he will go to university at some point!
1.13 You can go online to the CSA calculator to work this out.
https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenan
ce.asp 1.14 This applies if you have been to court before and have for
example a spousal maintenance order you need reviewing. Remember to put the
order in! If you do have to enclose a separate sheet to tell the court the
changes you want, head it with the question number at the top, and put it
in after this page put it at the back with the supporting documents. 1.15
This relates only to cases between you and your stbx not someone else and
one of you; 1.16 Self explanatory
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2. This is
the former matrimonial home. Dont worry about having a formal valuation,
one will be ordered if it is necessary. Put in the address, dont worry
about the land registry number, put in the name of your mortgage co and the
mortgage account number. Put any secured loans here to. The type of
mortgage means whether it is interest only, repayment etc. The owners are
usually you and your spouse, but if he or she is not on the deeds just put
your own name. In terms of whether the legal ownership is properly recorded
at the land registry, you are probably going to need a new sheet if this is
relevant. It arises where for instance a parent is on the deeds to help you
get the mortgage but doesnt really own any of it. To find out the current
market value, ask three estate agents and take the average figure.
Penalties are those set by the mortgage company, do ask them if there are
any as they can be quite substantial. Estimated costs of sale is 1.5% of
the sale price for estate agents and approx £1,000 for conveyancing. To get
to the total equity, take off any outstanding mortgage or secured loans,
any penalties and the estimated costs of sale. The equity is what you are
left with. The total value of your interest is all if it is in your name
only (it is unlikely to stay that way) or half if it is in joint names.
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2.2 This is any other home, land or building. Do
the same as for 2 above. If you are a sole practioner and the business has
property in your name it needs to go here as do holiday homes etc. If there
is more than 2 properties print off as many of these pages as you need and
put them in following each other.
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2.3 This
should be self explanatory. You need to go back 12 months from the date you
are completing the form in terms of bank statements. Put the balance as the
one showing on the last statement you enclose (so if you are filling this
in on 10th June, your last statement is May and that is the balance you
show). Statements from the internet are acceptable, but if you dont have
them you can ask the bank for them. Most banks are now not charging for
copy statements, but if they do suggest they will, tell them you will apply
under the Data Protection Act 1998 under which they are only allowed to
charge a maximum of £10. If that doesnt shift them, simply write to the
bank and tell them what you want, that the request is made under the Data
Protection Act 1998, and enclose a cheque for £10. 2.4 This should be self
explanatory, but if not, holler
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2.5 This
should be self explanatory, but if not, holler 2.6 This should be self
explanatory, but if not, holler
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2.7 This
should be self explanatory, but if not, holler 2.8 Belongings over £500:
For a car, go online to somewhere like auto trader, fill out the details of
your car and it should come up with some like examples for you to pick the
average values. To be honest, cars are only usually an issue if there is
one or a collection worth an extraordinary amount. For jewellery, art etc
your last insurance valuation should be sufficient. For furniture etc I
have seen lots of posts on this re normal everyday furniture. It is highly
unlikely that your bed or sofa will be worth £500 + once you have slept/sat
on it, so please dont tie yourself up in knots about this. If you have
antiques or some huge home cinema system, they will be relevant for
ordinary everyday furniture, it is unlikely to be and you shouldnt get hung
up on this aspect of the form. The court and lawyers are only going to be
interested in this aspect of the form if it discloses a substantive asset
say an art collection etc.
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2.9 Moving on to
liabilities. Fill out the boxes as indicated, and then include 12 months
statements for credit cards etc with a debit balance and for loans put in
the original agreement (if you have it) and the latest statement. If you
dont, you are likely to be asked for them so it saves time (and costs if
you are represented). Plus, judges like over compliance far more than under
compliance!!! 2.10 If you know what your CTG calculation is likely to be,
put it in. You are likely to need an accountants report to support the
calculation, but you can say that this is to follow.
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2.11 You should ask your accountant to help with this aspect of the
form if it is relevant.
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2.12 Self
explanatory
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2.13 You should fill out one of
these pages for each pension you have. Pension providers can take up to 3
months to provide a
CETV, so you can put to follow for the
CETV.
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2.14 This is the
catch all box anything you have that has not gone down elsewhere, you put
here.
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2.15 You should fill out one of these
pages for each job you have.
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2.16 Your
accountant should help you with this if it is relevant.
Page
16:
2.17 Self explanatory
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2.18
Self explanatory
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2.19 Again, this is a catch
all box if you have income from anywhere that doesnt fit in any of the
other boxes, you should put it here.
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2.20
This is where you add up your capital assets 2.21 This is where you add up
all the income you receive from whatever source.
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3. Income needs this aspect of the form is crucial if you are
either claiming or may be paying spousal maintenance. For instance, if you
are claiming and dont put everything in you may get too little SM. If you
are paying and dont put everything in, you may end up paying too much. You
need to put absolutely everything down if you pay for it, it goes here. I
have a pro-forma that I use - if you want one, email
This e-mail address is being protected from spam bots, you need
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e-mail address is being protected from spam bots, you need
javascript enabled to view it and ask for an "income
needs form". 3.1. You put everything you need here, and some global figures
for instance, you are not expected to split groceries between this box and
the one for children; 3.2. Here you put everything you child needs remember
to include the amount you will spend on their birthdays and Christmas etc
just work out what you usually spend then divide it by 12. Also put in the
cost of hobbies etc,
school lunches and clothes etc.
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3.2.1. Capital needs are for instance the house, a
new car, etc. Include the cost of a house here even if you are currently in
the
FMH. Also, it never harms to enclose housing details
for similar housing to that you are seeking i.e if you need a 3 bed semi in
X area, get 3 or 4 examples from the local agents and attach them to the
Form E. This then curtails any
argument that you are pitching you housing needs too high. 3.2.2. Capital
needs for the children are simply that do they, for example need a new bed,
items for any disability they may have etc.
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4. This is where you try to explain what has happened to your financial
circumstances in the past 12 months, or which may happen in the next 12
months. You can attach additional sheets if necessary. 4.2. This really can
be brief for example, We were a two car family who enjoyed one summer and
one winter holiday per year actually says quite a lot to a judge about your
lifestyle.
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4.3. These are things like
inheritance, redundancy monies etc. 4.4. Bad behaviour in financial cases
is limited to behaviour that had an impact on the finances only. So if, for
instance, you were married to a gambling alcoholic who was constantly being
sacked for not going to work, this should go in. You can add additional
pages if you need to, but a judge wont thank you for repeating your
particulars of unreasonable behaviour here, unless they were all to do with
money. 4.5. This is where you put in anything relevant to your case. If for
instance you cant work because you look after a disabled child or very ill
parent, you need to include this here.
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4.6.
This is designed to be a pen picture of your new partners income, assets
and liabilities. This does not mean that your new partner will have to hand
over their assets. But if for example you can be housed in a house owned by
your new partner, that will affect the housing pot available for your first
family. You only have to complete this aspect if you know the answers -
this is your
Form E, not your new partners'.
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5. This is the section where you say what you
want. Be reasonable, but simply list what you are seeking. No one will mind
if you do not use technical terms just say it how you see it. 5.2 This
means if you have resolved matters before but want to have them looked at
again, you have to say why it is something the court should look at. 5.3
This means that if your STBX has transferred property or money to someone
else, you should say what the property or money is and where you think it
has gone.
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If you are providing voluntary
disclosure, you do not need to swear the form, just sign and date it. If it
is for court you must have it sworn, either at court where it is free or at
a
solicitors (which cannot be your own) for a
small fee, usually about £7.50. Hope that helps! Amanda
Forum 
England and Wales 
.
sly I am supporting financially so I'm thinking I
should include them? Or is this irrelavant as they are over 18? It would be
unfair if so 
