Stage 1 – Finance First Directions Appointment (FDA) – FORM E

FORM E Guidance? I can help

If it is not possible to reach an amicable financial agreement with your ex-partner either through mediation, then you can take your case to a Financial Dispute Resolution through the court. I have significant experience with this process, and the dreaded Form E, and can help you through it.

To get the court involved in the financial aspects of your divorce you will need to make an application for a financial order. This is done by issuing this document (Form A). I can help you complete this form.

Around 12 – 16 weeks after you submit your Form A1, the court will notify you of the date for the 1^st Appointment in your case – the FA. The court order will contain a timetable for certain documents to be produced by you and your ex-partner.

The first document you will have to complete and show the court is this form (E). This form is well known as it’s a nightmare to complete properly.

This full financial disclosure document seeks to ensure both parties are kept as far as possible on equal footing. Its purpose is to help the Judge to get a clear picture of each party’s financial situation with a view to reaching a settlement.

To this end, your E1 must give full, truthful and up-to-date details of your financial position.

To help you keep costs to a minimum I will help you put the required financial information correctly onto Form E (over 20 pages), and to summarise the current position and the proposed position on income, outgoings and capital. I can help you do this to minimise your stress and costs.

A simultaneous exchange of financial information on form E must occur not less than 35 days before the FA and will cover information including:

• Income
• Pension
• Investments
• Imminent Inheritances
• Life policies
• Property valuations

You may need to attach relevant documents to this form, with all financial aspects fully disclosed and shared with the other party. Once received, each side can ask questions and ask for further documentation.

As a better and more user friendly alternative to Form E, I can help you with the Financial Disclosure booklet  please get in contact if this sounds of interest to you?

Do you suspect your ex-partner has hidden assets?

I work with trusted forensic divorce accountants to make sure that I use reliable figures on the extent and value of asset holdings before funds are distributed. They specialise in asset tracking and achieving full financial disclosure when one or both parties believe that assets may have been hidden by the other so as not to be included in a divorce settlement.

What happens once Form E is complete?

No later than 14 days before the FA, each party must file and send important documents to the court. I can assist with this process. The documents you will need include:

Chronology – A list of the 5-10 most important dates in the case e.g. dates of birth, the date of living together etc.

Statement of issues – This should be as neutral as possible and should identify real points of dispute so that the judge can focus on these key issues. For example, the value of the house, when it should be sold, the wife’s earning capacity, pension sharing, spousal maintenance etc.

Questionnaire – This is a document which contains questions for the other party to answer, and all requests for production of copy documents, so that you have full and clear picture of that party’s financial means. You will only be required to answer questions that the court agree are relevant to the issues in the case and which are proportionate. The court will strike out any questions which do not meet that test. Remember to send the court copies of the statement of issues, chronology and questionnaire you send to the other side, and remember to keep copies for yourself as well.

In addition:

The court also needs confirmation that relevant notice provisions have been complied with and are filed and served on the Respondent such as notice to any lender, pension funds etc.

Form G – The court will send you a blank form G. You should complete this form to state whether or not you want to use the FA as an FDR.