Form E is the backbone of financial disclosure in divorce and civil partnership dissolution across England and Wales. It’s the document that lays bare your financial world—assets, debts, income, pensions, and more. Yet, every week, family courts return Form Es that are incomplete, inconsistent, or misleading. The consequences can be severe: costly delays, credibility issues, and, in the worst cases, penalties or even the unravelling of a settlement years down the line.
The Five Most Common Slip-Ups
1. Forgetting Overseas Assets
It’s easy to overlook a dormant bank account in Spain or a small inherited plot of land in Ireland, but the court expects full disclosure of all worldwide assets. This includes minority shares in foreign companies, holiday homes, or even a pension pot from a previous job abroad. If you have any doubts, disclose it. The court is less concerned with the value than with your honesty.
2. Under-Valuing Pensions
Many people simply attach their latest pension statement, but this rarely reflects the true Cash Equivalent Transfer Value (CETV). Pension values can fluctuate, and some schemes only issue annual statements. For defined benefit or public sector pensions, an actuarial report may be needed to get an accurate figure. If you’re unsure, request an updated CETV from your provider and consider whether a professional valuation is necessary.
3. Missing Debts
It’s not just about what you own—what you owe matters too. Credit card balances, family loans, and HMRC arrears all need to be included. Even if a debt is disputed or in someone else’s name but you’re jointly liable, it belongs in Form E. Omitting debts can make your financial position look artificially strong and may lead to an unfair settlement.
4. Guessing Business Values
If you own a business or have a partnership interest, don’t be tempted to “guesstimate” its value. Courts prefer figures prepared by an accountant, ideally with supporting accounts for the last two years. A thumb-suck valuation is easily challenged and can undermine your credibility. If you’re self-employed, provide tax returns and management accounts if your income has changed significantly since your last accounts.
5. Ignoring Crypto
Cryptocurrency is no longer niche. If you hold Bitcoin, Ethereum, or any other digital asset, you must disclose wallet IDs and provide recent statements. Judges are increasingly asking for blockchain evidence to verify holdings. Failing to mention crypto can be seen as a deliberate attempt to hide assets.
Why Full Disclosure Matters
Failing to disclose is more than a paperwork foul. It can trigger:
Court delays: Judges may order supplemental disclosure, pushing back hearings and increasing costs.
Credibility issues: Once the court doubts your honesty, every figure is scrutinised. This can affect the outcome of your case.
Adverse costs orders: You may be ordered to pay the other party’s legal costs if your lack of disclosure causes unnecessary expense.
Contempt of court: In rare cases, deliberate concealment can lead to imprisonment.
The Supreme Court in Sharland v Sharland [2015] UKSC 60 made it clear: an undisclosed asset can reopen a financial settlement even a decade later. The risk is real and long-lasting.
Top-Up Disclosures: Fixing Past Omissions
If you realise you’ve missed something after submitting Form E, act quickly. File an updated page and a cover letter explaining the omission. Prompt honesty is almost always viewed more favourably than late discovery. The court understands that mistakes happen, but expects you to correct them as soon as possible.
Common Ambiguities and Pitfalls
Joint assets: If you hold an asset jointly (with a new partner, family member, or business associate), disclose your share and explain the arrangement.
Future inheritances: You don’t need to declare a mere expectation of inheritance, but if you’ve already received or are about to receive one, it must be included.
Gifts and loans: Money received from family or friends should be disclosed, whether as a gift or a loan. If it’s a loan, provide evidence of the terms.
Out-of-date documents: The court expects up-to-date statements.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
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