Disclosing other properties in Form E

what is the form e?

The Form E is an essential document in financial proceedings upon divorce, offering a detailed overview of each party’s finances, including income, capital, liabilities, and needs. Both you and your ex-spouse are required to fully and honestly disclose your financial situations in Form E. The repercussions of providing false information on Form E can be severe.

In addition to providing disclosure about the family home, Form E also requires parties to detail information about any other properties, land or buildings that they own in Section 2.2 of Part 1. These could be holiday homes, land, shops or buy-to-let properties.

why is full disclosure of all property required?

In financial remedy proceedings, full and frank disclosure is a cornerstone of the legal process. The Form E is designed to provide the family court, and both parties, with a clear and accurate picture of each party’s financial position. This includes all properties owned, whether in the UK or abroad, and regardless of whether they are jointly owned, held in trust, or used for investment purposes.

Failing to disclose additional properties can have serious consequences:

• Legal Penalties: The family court has wide-ranging powers to induce compliance and may impose sanctions or costs if a party is found to have withheld information.
• Delayed Proceedings: Incomplete disclosure often leads extended litigation, with directions for further valuations sought and court orders made to uncover hidden assets.
• Loss of Credibility: A lack of transparency can damage a party’s credibility, potentially influencing the court’s view on other aspects of the case.

Even properties that are not currently generating income - such as vacant land, inherited homes, or overseas investments - must be disclosed. The family court will consider their market value, ownership structure, and potential future income or liabilities when assessing the overall financial picture.

disclosing the value of your properties

You will need to supply a copy of a valuation of the property obtained within the last six months and a recent statement for any mortgages confirming the outstanding amount.

You are expected to obtain valuations, ideally from multiple sources within the last six months, and use the average of these valuations on the form. Typically, a chartered surveyor is the expert instructed for property valuations. However, when preparing Forms E, parties can also contact local estate agents for informal opinions on the property’s value. Estate agents should provide a written opinion on the ‘open market value’ of the property. In simpler cases, opinions from several estate agents may eliminate the need for a formal valuation.

If you are going through a divorce and require assistance to disclose your properties in Form E (including valuations), Vardags can help. Click below for a free initial consultation with one of our expert divorce solicitors.

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