If you are in or contemplating family court proceedings then formal disclosure is a concept you are about to become familiar with. Disclosure in the family court process is the way that the Judge and all parties become familiar with the amount of assets that are available to be distributed. There is a mandatory form for this called Form E and you can find it here. This post sets out some stuff you need to know:
- There is a duty of full and frank disclosure. That means the onus is on you to be open about what you earn and what you possess. It is potentially contempt of court / perjury to fib on your form E. Better to say too much than too little.
- Explaining the assets. If you want to put in detail about any of the assets (for example, you say some should be ring-fenced because of special circumstances) then that is best put in section 4.
- The form asks you to explain what you need from the assets and income of the marriage. This is done at section 3. Be careful to think of your needs on a three year cycle, otherwise you will be underestimating your needs. For example, replacing your car or mending your guttering. These things happen and they cost money!
- You are gagging to really go into the iniquities of the other party’s behaviour aren’t you? Don’t do it, it is almost always irrelevant to the division of the assets, winds up the other side – wrecking settlement chances and is best left blank unless extreme circumstances apply.
- Bank accounts: you need 12 months statements for each and every account you have (yes, that includes the one in yours and your new partner’s name)
- Do attach documentation to back up the evidence of your assets and income.
- If you want to mention any medical evidence, back it up with a doctors letter and some copy prescriptions.
- furniture, cars and “chattels”. Don’t go mad. Unless you have priceless antiques in your house, then the second hand value of what you own (i.e. what you could flog it on eBay for) is less than you think. Rough values are fine.
- You need to send copies to the other party and the court. Take a tip from us; make one master copy, using the originals, don’t use staples or pins, get rid of double sided paperwork (by copying onto two sides) … and then make your copies. Better still, get a print shop to copy it for you.
Once you have your form E nailed down, it needs to be filed at court and exchanged with the other party or their solicitors. In our next post we will discuss the content of the questions that you are entitled to raise on the other party’s form E, so watch this space!
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