For a fair financial agreement to be reached it is first necessary to put everything out on the table. In other words it is essential that both sides have been open and transparent about their finances and are not hiding anything.
The process of sharing your financial situation with the other side is known as Financial Disclosure.
Their are two main forms used to achieve financial disclosure in divorce depending on the situation.
1. Statement Of Information (Basic Disclosure)
In simple cases where the is a reasonable level of trust between the parties and they wish to agree a Consent Order then financial disclosure is done using a short form called a Statement Of Information.
You should review each other's completed Statement Of Information forms before you sign the Consent Order . The judge will review both parties Statement of Information forms before they approve the Consent Order .
Where there are either: fairly complex finances, substantial assets or a lack of knowledge about your spouses finances - then you will typically be required to undergo a more rigorous disclosure process by completeing a long form called a Form E.
The situations in which you might be asked to voluntarily complete Form E are: - by a mediator before you attend a financial mediation session - by your solicitor or your ex's solicitor before attempts at reaching an out of court settlement
If your financial dispute ends up in court then you may be ordered by the court to complete Form E by a stated deadline.
Note: Some mediation services use their own customised disclosure forms - but they are usually farily similar to the Form E.
Form E can be downloaded here, together with guidance notes on completing the form correctly.
We have a court hearing - and my ex hasn't completed and sent me his Form E - what can I do?
It is not uncommon that someone does not complete their form E in time or at all. If the next scheduled hearing is the first appointment then the lack of a Form E can be addressed at that hearing and the judge will typically order that the Form E is completed by a new deadline and will sometimes attach a penalty for non-compliance.
If the next hearing is a Financial Dispute Resolution hearing or a final hearing then you have to decide whether you want to try and get the hearing postponed until you have received the other side's Form E and have had time to prepare properly.
My ex's Form E is incomplete / full of lies / full of holes - what do I do?
Once you have reviewed the other side's Form E you should produce a Questionnaire detailing the further questions that you want you ex to provide answers to. You normally present this Questionnaire to the judge at the First Appointment and the judge will decide which questions are valid and will make an order that you ex has to provide answers to those valid questions.
Wikivorce provides very affordable legal services through a
professional family law firm.
If you need legal advice on what a fair financial settlement is
and what you and your ex are entitled to.
Once you and your spouse have agreed a fair
financial settlement through discussion or mediation then the next
step is to get the agreement documented as a legally binding Consent
Financial Settlement Consultation £199
Consent Order £159
(simple clean break)
Consent Order £259 (standard)
Service includes a consultation with a family lawyer who
fully reviews your case and provides a written report on what is fair.
Our basic service is for couples
whose agreement doesn't include property or pensions being
Our standard Consent Order service includes agreements with the
sale/transfer of one property and/or pension share.
For FREE advice on your divorce options call Wikivorce today
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Guide to mediation
Mediation can resolve divorce disputes and save you money