When a financial order is sought from the family court, both parties are required to provide full disclosure as to their financial resources in a detailed document called a Form E. Form E requires thorough financial disclosure, outlining each party’s individual’s income, assets, and liabilities, as well as their financial needs and obligations, including those of any children from the marriage or civil partnership.
Part 1 Section 2.4 of the form requires the disclosure of investments. This covers PEPs, ISAs, TESSAs, National Savings, bonds, stocks, unit trusts, investment trusts, gilts, and other securities that the party has or has had an interest in.
These must be disclosed with full information, including the complete name of the investment, the type of investment, the size of the holding, its current value, the names of all parties involved, and the current value of that party’s interest. You must also provide supporting documentation, such as the last statement or dividend counterfoil in relation to each investment.
An inadequately completed Form E can omit crucial information, potentially raising suspicions that one party is concealing assets. This not only heightens tensions between the parties but can also result in prolonged and detailed requests for additional information, wasting both time and legal costs.
All parties are obligated to provide full and frank disclosure of all finances and relevant circumstances in Form E, including details of any bank accounts held. 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 investments, Vardags can help. Click below for a free initial consultation with one of our expert divorce solicitors.
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