How to Fill in a Form E Financial Statement on Divorce – Pt 1

How to Fill in a Form E Financial Statement on DivorceThis blog is about how to fill in a Form E Financial Statement on Divorce. If you’re not sure whether you should fill in a Form E, or you’re not sure what to disclose, make sure you obtain legal advice from an expert family lawyer

What Form E is all about

See my blog Financial disclosure on divorce, 10 things you need to know

Don’t fall at the first hurdle

What could be worse than finally sitting down to fill in your Form E and you fall at the first hurdle because you haven’t got the right documents. This week I’ll tell you what documents you need so you can start collecting them together.

Why these documents are necessary

They are required by the Form E. If you don’t include them you will be chased by the other side or ultimately ordered by the Court. So you might as well get on with it now.

Properties

  • If you own or part own any properties – family home, holiday home, investment property – a valuation for each in the last six months is helpful. The more recent the better otherwise you’re going to have to rely on a guess and if you’re way off, this could cause unnecessary delay and expense in your case
  • A recent mortgage statement for each property
  • Click this link to the Land Registry for an online title summary providing basic information about the property. For more detail, order documents by following this link Land Registry.

Bank, building society and savings accounts

Whether in your sole name or jointly with others – 12 months of statements for each.

Any other investments; eg shares, ISAs

Last statement for each investment.

Life assurance policies/endowment policies

Recent statement to show surrender value.

Running a business

  • Last two years’ accounts and
  • evidence that supports your valuation of your business; eg a letter from your accountant

Pensions

Write to your pension provider and ask for the cash equivalent transfer value.

Employed

  • Your last P60 together with
  • wages slips for the last three months

Self employed

  • Last two tax assessments but if these aren’t available, a letter from your accountant
  • If the estimate for your net income for the next twelve months is significantly different from your net income from your last set of accounts, you’ll need to provide a set of your management accounts for the current period to explain the difference

Next blog

Got all your documents together? My next blog will guide you through how to fill in a Form E Financial Statement on Divorce.

How to Fill in a Form E Financial Statement on Divorce

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on How to Fill in a Form E Financial Statement on Divorce. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post How to Fill in a Form E Financial Statement on Divorce are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for How to Fill in a Form E Financial Statement on Divorce, Confused Young Woman by CollegeDegrees360 on Wikimedia

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No Fault Divorce – Your Questions Answered

No Fault DivorceWhy is no fault divorce in the news?

The Government is considering no fault divorce because our current system isn’t working well. If you want to divorce you have to rely on a reason:

  • Adultery
  • Unreasonable behaviour
  • Two years separation with consent
  • Desertion
  • Five years separation without consent

Unsure which reason to rely on? See my blog Grounds for divorce – 5 things you need to know

Why has the Government decided to look at no fault divorce?

Resolution (an organisation committed to the constructive resolution of family disputes) has been lobbying for no fault divorce for years. And the case of Owens v Owens has been in the news.

What is Owens v Owens about?

Mrs Owens wants to divorce her husband. She gave twenty seven examples of his unreasonable behaviour: he is moody, argumentative and disparaging. But he defended the divorce saying the marriage wasn’t over, and he disputed the behaviour his wife had mentioned.

The Judge disagreed with Mr Owens – the marriage was clearly over – but he said the examples of behaviour were flimsy and exaggerated and Mrs Owens could not have her divorce. This meant she would have to stay married to Mr Owens. She appealed.

What happened when Mrs Owens appealed?

On 25 July 2018 the Supreme Court said the Judge was right when he said her reasons weren’t good enough. But the Supreme Court also said it felt “uneasy” and that “Parliament may wish to consider whether to replace a law which denies to Mrs Owens … a divorce”.

What’s the solution for Mrs Owens?

She will have to stay married to Mr Owens until they have lived apart for five years.

What is the Government doing? 

The Ministry of Justice has published a consultation paper, Reform of the legal requirements for divorce. They are asking whether divorce should simply be on the ground of irretrievable breakdown with no need to mention reasons. And whether the ability to ‘defend’ a divorce should end. The consultation closes 10 December.

Why is no fault divorce a good idea?

  • Angry spouses won’t be able to block divorces
  • People won’t have to stay married when they don’t want to
  • There will be less conflict
  • Couples will be able to concentrate on what is best for the children
  • They will be more likely to reach an amicable agreement about the finances, by negotiation, mediation or collaborative law
  • Our current divorce system dates to 1969. We live in a very different society and women are seen as equal partners in a marriage
  • Legal bills will be lower
  • There will be fewer contested divorces. Our Courts are stretched and so this might make everything a bit better for all of us

Is no fault divorce going to make more people divorce?

The breakdown of a relationship is hard enough as it is without the Court procedure adding to the difficulties. And in reality couples often agree how to word their divorces. “I’ll admit to adultery,” or “You can mention that unreasonable behaviour.”

Why is divorce an important stage in agreeing the finances? 

A Court order finalising the finances is only available once the first divorce decree has been granted (the “decree nisi”). Hence it’s a good idea to sort out the divorce and the finances at the same time. See my blog What Comes First Divorce Or Settlement

Can I do the divorce myself? 

Yes. But if you are struggling read my blog 10 reasons why you need a family law solicitor to check your DIY divorce petition

No Fault Divorce

Contact  Joanne Houston on 01962 217640 for free advice on any of the issues raised in this blog. In this 20 minute session we will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image Couple by Muramasa on Wikimedia

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