post written by a retired solicitor advocate
One of the biggest mistakes people make in divorce is treating Form E as an administrative exercise.
Just another form.
Fill it in.
Attach some bank statements.
Send it off.
Job done.
Except it is not.
Form E is one of the most important documents in financial remedy proceedings.
It tells the court what you have.
What you owe.
What you earn.
And what you need for your future.
And if you do not understand what you are doing, you can seriously undermine your own position.
It Is Not Just About Your Assets
Most people concentrate on the obvious things.
The house.
The mortgage.
Savings.
Pensions.
Debts.
But what about your future?
Where are you going to live?
Can you obtain a mortgage?
How much can you borrow?
What sort of property do you reasonably need?
What will your monthly living costs be after divorce?
How will you support the children?
These questions matter.
Particularly when there is not enough money to meet everyone's needs.
The Mistake People Make With Income Needs
I regularly see people who have not properly thought about their future expenditure.
They guess.
They leave things out.
They forget annual expenses.
Or they deliberately underestimate their needs because they think it makes them look reasonable.
It does not necessarily help.
If you need financial support, the court needs to understand why.
And if your income needs are unrealistic, your credibility can suffer.
There is a difference between preparing reasonable figures and simply putting down what you think the judge wants to see.
Capital Needs Are Equally Important
Your housing needs can be central to your financial settlement.
Particularly if you are seeking to retain the family home.
Or need sufficient capital to rehouse yourself.
You need to understand mortgage capacity.
Property values.
The cost of suitable accommodation.
And the realistic alternatives available to both parties.
Get these figures wrong and you may weaken your negotiating position before you have properly started.
What My Full Form E Guide Includes
I created my £55 Full Form E Guide to make the process easier to understand.
It includes:
Step-by-step guidance through Form E
Property, assets, debts and business interests
Bank accounts, investments and pensions
Employment and self-employment income
Capital needs and future housing requirements
Income needs and monthly expenditure
A detailed income needs schedule
Children's financial needs
Guidance on financial orders sought
Contributions, conduct and other circumstances
A schedule of supporting documents
Practical warnings about common mistakes
All written in plain English.
When You Need Individual Advice
A guide can explain the process.
But it cannot decide your strategy for you.
If you have substantial pensions, business assets, disputed debts, complicated housing needs or concerns about your ex's disclosure, tailored advice may be particularly important.
I can help you understand the issues and decide how to approach them.
Final Thought
Form E is not something to rush through on a Sunday afternoon.
It is the foundation of your financial case.
Get my £55 Full Form E Guide to understand the paperwork.
And if you want personal advice about your own figures and financial position,
book a £195 Strategy Call with written advice afterwards.
Because the cost of getting your financial case wrong may be considerably more than the cost of getting advice.
Need legal advice about separation, infidelity, or divorce?
for straightforward, strategic advice from a former solicitor advocate.