Form E guide
Form E serves as your financial statement and it shows in detail to the court about the state of your finances. This form is specifically designed for your finances; your ex-partner will also have to fill in their own form. It also provides the court with information about everything you own.
The form has five sections. This form has to be filled and a copy sent to your ex-partner 35 days before your first appointment. It is lengthy and quite involving and it would be wise to start early and to fill this form each section at a time. The following is a Form E guide to help you fill in your Form.
Section 1 (General Information)
Page 1: This will be influenced by whether you are filling in the form voluntarily or not. Your name should go in the left-hand box if you are filling in the form voluntarily. If you are filling it involuntarily, your name goes in the right-hand box since you are the respondent. The name of the family court dealing with your case goes in the Name of Court’ box. You should also fill in your case number.
You will also put in your name again in a box in the left-hand side of the form headed The Parties are’. Other information to be provided is whether you are a civil partner or husband/wife. At the bottom of the front page, you will still put in your name if you do not have a solicitor, but if you do, put in their name and address.
Page 2: The first few questions, 1.1 – 1.5 are straight forward and easy to answer. If you have plans to remarry or have already entered into any other partnership and are living with another partner, you will state this in questions 1.7 and 1.8.
Fill in whether you plan to live with another partner in the next 6 months. State all information regarding all children in 1.10. This includes, step children and even adopted children. Question 1.11 asks about the state of your health and any special long-term medical conditions.
Page 3: Fill in details about your children’s short-term to midterm academic plans. For instance, if your child is a middle school but joins high school in the coming school year. Details about your children’s maintenance will be filled in box 1.13. You should state whether the plans are formal or informal. There will be calculations involved to determine how much you will pay or the parent with most responsibility for the child’s daily care.
This is done through the child maintenance calculator found on the Child maintenance options website. Your answer has to include your estimates. Fill in your current address in question 1.16. You will also include information about the presence of other occupants in your place of residence and the terms of occupation. This may be either as a tenant, owner or even as a guest in your parents’ house; they may be letting you stay for a while. You may state this if these are your circumstances.
Link to government site about form E
Section 2 (Financial Details)
Page 4: Fill in the first part if you or your ex-partner owned the home you shared. This part is to be filled if the home is not yet sold or rented out. Fill in your address and the name of your mortgage company. You can inquire about the land registry title number from your mortgage company.
Include the mortgage account number and the address of your mortgage company. This information, however, can be found at the top of any letter addressed to you from the mortgage company. You should also state the type of mortgage. If you are not sure you may also inquire from your mortgage company.
Other information required includes the details of ownership, whether you solely own the property or whether you jointly own the property with your ex-partner. In some cases, you may own the property with a friend or with a housing association. State this in the form. You should also provide explanations on any dispute regarding the information recorded in the Land Registry.
Fill in information about the current market value of the property. This has to be accurate and based on research on the type and size of the property. Information on any outstanding mortgage payments should also be stated and should be based on a recent mortgage statement.
If you have two mortgages state the outstanding payments for each. State also the amount you may pay on the penalty if you are to be penalized for paying the mortgage early. Other details include the costs of selling your property, the total equity in the property and the total value of your interest in the family home. Total Equity is the sum left over after paying any outstanding mortgages and the costs involved in selling the home.
Page 5: In part 2.2, you are supposed to provide information regarding any property or land that you may own. This may be a property that may be under your business name, or a holiday home. You will also be required to fill in the Total interest you think belongs to you from these properties. Therefore you may skip this section if you do not own any other property.
Page 6: In this section (2.3), provide details concerning all bank accounts, savings accounts or building society accounts in your name. This includes joint accounts with any other person and should date back to the last 12 months. This information includes any accounts that you may have opened in this period and then closed. You may ask for a statement from your bank. In the last column, state your total interest.
This will apply to a joint account with your ex which is usually 50%. But if you have a joint account with your child it will be nil.
Page 7: This section requires you to fill in your insurance policies’ details. You may provide information on whether you have transferred your policy to someone else. State their name and the amount transferred to them.
You may skip this section if you have not transferred your policy to someone else. Other information required in this section is the name of any other person in the case of a joint policy, maturity date and current surrender value.
Page 8: If you own items that you sell for more than $800. This may be a painting, furniture, a painting or jewellery. This section is usually important if there is an item of great value that can be sold for a substantial amount of money. It is very important to first check the resale value of these items.
This is because most items that cost a lot of money when new do not necessarily fetch high prices when resold. You may go online to determine the value of your car by providing its details on an online car selling website. However, items such as vintage furniture pieces or art collections are very valuable. Their values can be verified through recent insurance valuations.
Page 9: In this section, provide details about your debts. They are commonly referred to as liabilities. You are required to list all debts that are your sole responsibility and those that you share responsibility with another party. However, it is not necessary for you to repeat information that you may have already provide about outstanding mortgages. In case of a debt that is in both your names, you need to state how much of the debt each of you owes.
In some cases, you may have taken a debt to support the family. The court will most likely view this as a joint debt. Exceptions include debts taken for personal expenditure. Section 2.10 requires you to provide information on Capital Gains Tax. This is the tax paid on gains/profit made from selling an asset. This information is usually accompanied by a report from an accountant.
Page 10: You are only required to fill this section (2.11) if you are a sole or part owner of a business. Therefore, if you are self-employed you must fill in this section. However, income from your business is not necessary for this section.
Page 11: Section 2.12 only requires you to fill if you are director of a company.
Page 12: Information required here (2.13) is about your pension rights. You may leave this section blank if your right is only to a state pension. Inquire about the valuation of your pension rights if you have any other pension rights. Some of the explanations required in this section include; the type of scheme, whether the pension is in drawdown or in payment, the cash equivalent and whether the PFF compensation is capped.
Page 13: In this section, 2.14 fill in details about any other item you own solely or in partnership. Items in this section may include any asset that you may not have mentioned before, futures, trust interests or commodities (coal, oil or farm produce). Assets being held by another party for you should also be placed in this list.
Page 14: In this section, fill in any jobs you hold.
Page 15: You must fill this section if you are in a partnership or are self-employed. An accountant may help you in filling this section.
Page 16: Specify any income in this section (2.17) about any income you may get from investments, rent or dividends.
Page 18: (section 2.19) in this section state details of any other sources of income that you may not have stated anywhere else.
Page 19: Add up all your capital assets in section 2.20 and all of your income in section 2.21.
Section 3 Financial requirements
This section has two parts. The first part requires you to provide your income needs including the needs of any children that might live with you.
Page 20: In this section (3.), make sure to provide all the details necessary to ensure that you get all that you require if you are claiming; and that you do not pay too much if you are the one paying. You should calculate all your income needs on a weekly, monthly and annual basis.
Make sure you do not leave out any detail no matter how small. In section 3.1, fill in everything you need and in 3.2 fill in everything your child needs. This should include birthday and holiday expenses as well as school lunch money for your children. A simple break down of these costs includes; accommodation costs, household expenses, children, car expenses, out of school costs and personal expenses.
Page 21: In section 3.2.1, you are required to provide your capital needs information. Capital includes money to buy a house for you and your children and maybe a car. You are to fill in what you might need as well as the cost of purchase.
You may also include special capital needs requirements for your child. This may be some sports equipment, computers or even a car. You are however required to show how you have come up with the costs of the items. These estimates have to be reasonable. In the case where you may not have the money for capital needs, this section may be left blank.
Page 22: You are required to provide information about any changes in your financial state over the past 12 months in section 4.1.1. This may be a decrease in savings, the loss of an item of value or if you gave away a valuable item in the last 12 months. In section 4.1.2, provide the likelihood of a change in your financial state in the next 12 months.
Page 23: Section 4.3 requires you state specific contributions into the family property or assets. Section 4.4 requires you to state any bad behaviour such as gambling that had an effect on your finances. However, it is important to get some legal advice so as not to increase tensions between you and your ex-partner. In section 4.5, state any contingent liabilities. These are situations that may occur such as either of you losing their job, getting some kind of compensation or going to jail.
Page 24: This section is only for those who might have already remarried or entered into a new relationship. You are supposed to provide information about your new partner’s financial state.
Page 25: In this section, you are required to specify the kind of court order you want.
Page 26: You are required to sign a statement of truth to show that you provided honest information.
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