The Form E is a crucial document in divorce proceedings, obliging the parties to give full and frank financial disclosure and ensuring a fair outcome. So, if your husband refuses to a complete Form E, you will likely need to take steps to force them to do so.
At Frenkels Forensics, we specialise in assisting clients going through divorce to achieve the financial settlement they deserve. We will help you collate the information required to complete your Form E and scrutinise the information provided by your husband. We will identify and highlight any discrepancies and inaccuracies in their information and, where necessary, trace any hidden assets.
For assistance call us on 0330 118 8200 or Make An Online Enquiry.
What Is Form E?
Form E, also known as an E Form or a Form E Financial Settlement, is a document detailing the financial position of a separating couple. You should complete a Form E when applying to Court for a financial order during the course of a divorce, dissolution, annulment or judicial separation.
Form E contains a series of detailed questions relating to your assets, liabilities and financial needs. You must provide documentary proof to support each answer you give. Our forensic accountants can help you to collect the relevant information and paperwork and complete the form.
Why Is Form E So Important?
Form E is the key document in the financial element of your divorce. Without a complete and accurate picture of each other’s finances and needs, you and your partner cannot achieve a fair and reasonable settlement, either through negotiation or Court proceedings. The questions contained in Form E focus the parties’ minds on the information they need to provide while also allowing them to consider their partner’s responses and identify any discrepancies that need investigating.
Is Your Husband Obliged To Complete Form E?
Whether you need to complete Form E depends on the stage your divorce proceedings have reached, and how you are dealing with the financial aspects arising from your separation.
If you and your partner are seeking an amicable settlement of your finances between yourselves, neither of you is obliged to complete a Form E. However, doing so can facilitate transparency and enable you to reach agreement more quickly.
Some couples use a process known as mediation to settle the financial issues relating to their divorce. Neither party is legally obliged to complete a Form E when attempting mediation, but the mediation service you use may require you to do so. Sometimes, the mediation service may have created their own form for you to complete to assist them in understanding the extent of your assets and needs.
Sometimes, the parties’ legal advisors may negotiate the divorce financial settlement. Your solicitors will often ask that you and your ex-husband complete Form E so they have all the information they need to fight your corner effectively.
When you ask the Court to intervene and make a financial order, completing Form E is mandatory for both parties. Your Form E will serve as evidence of your financial position, and the Judge will use it to decide how to divide your assets.
In short, your husband is only obliged to complete Form E if you cannot negotiate a settlement and seek a Court Order. However, Form E acts as a useful tool in facilitating settlement and can significantly reduce the likelihood of you needing to resort to litigation to settle your issues.
What Can You Do If Your Husband Refuses To Complete Form E?
The Court takes an extremely dim view of parties who refuse to complete a Form E or wilfully complete it inadequately. Whilst a Judge is likely to allow them additional time to collate the required information and documentation, if your husband refuses to complete Form E, they may be held in contempt of Court and imprisoned. They may also be ordered to pay the costs you incur in preparing for and attending any hearings that are ineffective because your husband refuses to complete Form E.
How Can We Help?
Forensic accountancy advice can be invaluable in ensuring your Form E is completed accurately and highlighting any issues with your husband’s Form E. We use our forensic accountancy expertise and experience to identify any inconsistencies in your husband’s Form E, such as missing dividends when shareholdings have been disclosed or outdated property valuations. We will uncover and trace any assets your husband may have hidden, to ensure you are in possession of the full facts and obtain a fair settlement. We present our findings in a straightforward, easy to understand manner and act with the sensitivity, empathy and discretion required when dealing with divorce cases.
To discover more, please call us on 0330 118 8200 or Make An Online Enquiry.
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