How to fill in your Form E: tips, tricks and points to consider

If you are going through a divorce, your solicitor has likely handed you a Form E – Financial Statement and said, “Complete this and then come back to me. For many, this form can be intimidating , one which may bring you out in a cold sweat; rummaging through years old paperwork or having to let your now estranged spouse know about a recent dabble in cryptocurrency that went horribly wrong. For others, it is an opportunity to make use of those carefully colour coded files that sit within pristine filing cabinets, complete with supporting excel spreadsheets all-ready to provide to your (very) grateful solicitor.

No matter your approach, the form E is a vital legal document. It forms the foundation for your financial settlement, so accuracy is essential. Take early legal advice and refer back to a solicitor if you are unsure at any point.

Why Form E matters

The Form E isn’t just paperwork – it’s part of your legal obligation to provide full and frank disclosure to both your spouse and the court. Failure to do so could lead to serious consequences, including contempt of court or, in extreme cases, criminal proceedings under the Fraud Act 1996.

What’s in a Form E? Key sections explained

Section 1: Personal information

Simply put, this is the personal information section. Much of it will be self-explanatory. The paragraph that sometimes trips people up is the child maintenance section. This is not an opportunity to ask the court for what you want your spouse to pay; this is to inform them of what he or she is already paying towards the support of the children or what he or she should be paying with reference to the statutory assessed formula.

Section 2 – part 1: Assets and liabilities

This is the meat of the Form E – where you need to know your figures. The first thing that you need to be aware of is that there is a grey box at the top of each page which lists the documents that you need to acquire and attach to the form. Be aware, this is not advisory and this information will be required. If you don’t provide it, your spouse or their solicitor will ask questions of you, which will increase your legal fees. All too often, clients will only provide one bank statement or a screenshot of their current mortgage balance. Unfortunately, the Form E requires more formal documentation and it is necessary to provide 12 months statements for each bank account and a full mortgage redemption statement. This will reveal, for example, whether there are any early redemption charges.

Another important matter to note is the pension. It can often take some time to acquire a pension statement showing its current equivalent value. Deal with this first. It is not enough to say, that pension relates to a job I had 15 years ago – your spouse (and your solicitor) will need to know about it.

Section 2 – part 2: Income

I have lost count of the amount of times clients have come to me and told me that the actual Form E document is “unworkable”. This phrase tends to be referenced when it comes to setting out income, as there are a number of sub-sections that this can be included in, but try not to admit defeat too early. Firstly, consider how you receive your income; are you self-employed, do you run your own business, are you in a traditional employer – employee relationship or are you receiving support from the government? If you have any concerns about how these sections should be completed, you shouldn’t suffer in silence. If you slot into one of the first two categories, consult with your accountant as it is likely that their input will be required in any event.

Section 3: Financial needs

3.1 Income needs

Section 3.1 is entitled “Income needs” but it may also be referred to by your spouse or the legal teams as expenditure or a budget. This is your own budget, a detailed breakdown of your monthly living costs, both now and in the future (post separation from your spouse). A good way to approach this is to review your bank statements, direct debits and spending habits. Unfortunately, the template Form E is not very well formatted and it is very unlikely that you will be able to fit in every item within the space provided. It is commonplace therefore to attach an excel spreadsheet to the Form E and simply add the totals into the relevant fields when complete.

3.2 Capital needs

Section 3.2 on the other hand relates to your capital needs. These are the big items, for example, the house or the car. More often than not, this is a very important part of anyone’s case and therefore it is likely you will require some individual advice as to what is appropriate here. Unfortunately, there is no one size fits all approach.

Section 4: Narrative responses

You will often hear section 4 referred to as the narrative section of the Form E. A solicitor will be able to explain why these specific matters require addressing. It is always helpful to provide your solicitor as much information as possible in relation to each of these points, even if you think that you may have provided the relevant details already. Section 4.4 in particular requires careful consideration because your spouse’s conduct will only be relevant in a handful of circumstances. For example, your spouse’s adultery on its own will not be enough for the court to make a greater financial award in your favour.

Section 5: Proposals and declarations

It is likely that the very last section will require input from a solicitor. Before you make any hasty decisions about what it is that you would like to achieve from your financial settlement, consider with a solicitor the possible and likely outcomes. It may be that this dictates your decision as to whether you seek to retain the family home, or sell it, or you keep your children in a fee paying school, for example.

Why you should take Form E seriously

The Form E is not a tick-box exercise. It’s a legally binding document, used by the court to decide your financial settlement. Errors or omissions can lead to delays, disputes, or even penalties. Seeking legal advice early could prevent avoidable stress and help you get a fair outcome.

How we can help

Completing a Form E can feel overwhelming, but you don’t have to do it alone. Our experienced family law team can guide you through the process from start to finish—whether you need help sourcing documents, understanding pensions, or shaping a realistic financial proposal.

We offer a free initial consultation, so get in touch to discuss your situation with no obligation.

Contact our family law team to start the conversation.