The Form E is a crucial document in divorce proceedings, providing a detailed account of each party’s finances, including income, capital, liabilities, and needs. Both you and your ex-spouse are obligated to fully and honestly disclose your financial positions in Form E. The consequences of providing false information on Form E can be severe.
If you hold cash upwards of £500, you must state where it is held, the amount, the currency and the value of your interest in the money in Section 2.7 of Part 1 of Form E.
Furthermore, if you own personal belongings worth upwards of £500, these must be included in Section 2.8. This includes cars, jewellery, furniture and antiques. The section is asking for information on belongings over £500, meaning the belonging you could sell for more than £500 (i.e. their current value) and not ones you bought for over £500. As a result, it is likely that you may need to have the items valued.
Ideally, the division of chattels should be agreed by way of a schedule denoting the destination of items – unless the value of the chattel is significant. If the division of chattels cannot be agreed, then a Scott schedule should be prepared to include the reasons (briefly) why a particular item is sought be a party.
If a party fails to provide accurate disclosure or conceals assets, the court may later set aside the order and require them to cover the other party’s costs.
In severe cases of deliberate dishonesty, this could result in criminal charges under the Fraud Act 2006.
If you are going through a divorce and require assistance in disclosing cash sums and personal belongings in Form E, Vardags can help. This can be more complicated to grasp than regular income and as a result, we recommend consulting with a specialist before filling out these sections of Form E. Click below for a free initial consultation with one of our expert divorce solicitors.
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