A plain English explanation of Form E, the financial disclosure document used in financial remedy proceedings in England and Wales, and what you are required to include.
Form E is the financial disclosure document used in financial remedy proceedings in England and Wales. It is a detailed statement of your complete financial position, covering income, assets, debts, pensions, expenses, and any other financial resources. Both you and your spouse must each complete and exchange your own Form E. It is signed under a statement of truth, which means you are confirming its contents are accurate to the best of your knowledge and belief.
The financial remedy process exists to help the court, or the parties, reach a fair division of finances on divorce. For that to happen, both sides need to know the full financial picture. Form E is the mechanism for creating that picture. Without it, neither party can make informed decisions about settlement, and the court cannot make informed decisions at a hearing. Every meaningful conversation about money in financial remedy proceedings — settlement offers, hearing preparation, negotiating a consent order — happens against the backdrop of what Form E reveals.
Form E is organised into sections. Each must be completed:
The disclosure obligation is broad. You must disclose assets in your sole name, joint assets, assets held in trust where you have a beneficial interest, and resources you expect to receive in the foreseeable future, including probable inheritances. If you are unsure whether something counts, it is generally safer to disclose it and explain the position than to omit it and risk being accused of non-disclosure later.
Because Form E is signed under a statement of truth, a false or incomplete Form E can have serious consequences. Courts treat deliberate non-disclosure as a serious matter. Findings of non-disclosure can lead to costs penalties, adverse inferences being drawn, or in extreme cases the financial order being revisited even after it's been made. If you make a genuine mistake, the position can be corrected by updating the document before or at the First Appointment. If you discover your spouse has omitted something significant, there are procedural routes to challenge that, which are covered in our article on what to do if your ex doesn't disclose everything.
If you have already reached agreement with your spouse and are applying for a consent order without going through a contested hearing process, you may not need to complete a full Form E. However, you will still typically need to provide a short financial statement summarising both parties' financial positions for the court to approve the order. The court needs to be satisfied the order is fair, and it can't assess that without at least a summary of the financial picture. The level of detail required depends on the specific circumstances of the case.
Going through this without a solicitor is difficult, particularly Form E, which is one of the most technically demanding documents in the entire financial remedy process. Access to Justice is a tool built for people in exactly this position, it explains each section in plain English and helps you understand what you're filling in and why. Try it free.
Do both of us have to complete Form E?
Yes, in contested financial remedy proceedings both parties complete and exchange their own Form E simultaneously, so neither side sees the other's document before disclosing their own. This simultaneous exchange is designed to prevent one party from tailoring their disclosure to what the other has said.
When do I need to submit Form E?
Form E is usually due a set number of weeks before the First Appointment, typically 35 days before, per Family Procedure Rules 2010, rule 9.14. The exact deadline will appear in the directions issued after you or your spouse files Form A to start the financial remedy process.
Do I need a solicitor to help me fill in Form E?
You don't legally need one, but Form E is one of the more demanding documents in family proceedings. Each section has specific requirements, and errors or omissions can have consequences later. Many unrepresented parties find the pension valuation and business interest sections particularly difficult without professional guidance.
What documents do I need to gather before I can start Form E?
At minimum: three months of bank statements for every account, your most recent payslips, your last two years of tax returns if self-employed, pension Cash Equivalent Transfer Values from each pension provider (you may need to request these, which can take several weeks), mortgage statements, and property valuations.
Can my spouse see everything I put in Form E?
Yes. Once exchanged, both parties have access to each other's complete Form E. Documents disclosed in financial remedy proceedings are subject to the implied undertaking that they are used only for the purposes of the proceedings, not shared publicly or with third parties.
What if I don't know the value of something?
Use the best estimate you can and indicate it is an estimate. For some assets, such as business interests and defined benefit pensions, you may need a formal valuation, and the First Appointment is sometimes used to agree the scope of valuations needed before the main hearing.
This article provides legal information about the financial remedy process in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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