Form E is the key form used during Ancillary Relief proceedings. Each party is required to complete a form on which they must provide full financial disclosure.
The Form E is mandatory when the Ancillary Relief process is going through the courts, and is also used when a financial settlement is being negotiated via solicitors or mediators.
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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 firm’s 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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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 uni at some point!
1.13 You can go online to the CSA calculator to work this out. The link is:
CSA Calculator
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 – don’t 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. Don’t worry about having a formal valuation, one will be ordered if it is necessary.
Put in the address, don’t 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 doesn’t 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 don’t 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 doesn’t 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 don’t 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 shouldn’t 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 don’t, 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 accountant’s 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.
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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 doesn’t 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 don’t put everything in you may get too little SM. If you are paying and don’t 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 click on the following link
outgoings document
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 won’t 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 can’t 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 partner’s 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.
