Financial Orders Form E

Question 1

Procedure: Pre-Issue

Answer 1

-If possible, try to resolve matters on a voluntary basis first.
* Not always appropriate – issue straight away if apparent that other side:
- might try to hide assets; and/or - will not engage in negotiations.

Question 2

Procedure: Pre-issue

Answer 2

• Family Procedure Rules 2010 (FPR)
• 3A PD – non-court dispute resolution:
  
  • Requires parties to attend a MIAM before issuing application for financial orders.
• If mediator decides case not suitable for mediation, must sign the Form A.

Question 3

Procedure: Issue

Answer 3

• Divorce petition must be issued before
  application for FOs can be made.
• To commence FO proceedings, applicant files: - Form A
• Fee
• Court issues, fixes First Appt and serves on R: - Form A
• Form C (Notice of First Appointment)

Question 4

Procedure: Post -Issue

Answer 4

• Form E:
• Main financial disclosure document.
• File and exchange 35 days before First Appointment.
• First Appointment documents:
• Questionnaire, Chronology, Statement of Issues, notice as to whether FA can be treated as FDR.
• File and exchange 14 days before First Appointment.
• Form H (costs estimate):
• Prepare just before First Appointment.

Question 5

Procedure: First Appointment

Answer 5

• Purpose: to narrow the issues and get
  directions from judge to take case forward.
• Typical directions at First Appointment:
• Both parties reply to other’s Questionnaire.
• Valuations of assets where values in dispute. - FDR hearing listed.

Question 6

Procedure: Between FA and FDR

Answer 6

• If possible, both parties should make
  offers to settle before the FDR
• Applicant must file copies of all offers at least 7 days before FDR
• Both prepare Form H before FDR

Question 7

Procedure: FDR

Answer 7

• Negotiation hearing.
• Without prejudice.
• Judge gives non-binding indication as to how he or she would decide the case.
• FDR judge will have no further involvement with case.
• Judge fixes a date for Final Hearing/makes directions.

Question 8

Procedure: Final Hearing

Answer 8

• Very few cases run to Final Hearing.
• Offers:
• A must file open offer 14 days before FH. - R must file open offer 7 days before FH.
• Form H1: file and serve 14 days before FH.
• Judge will determine the case if parties not able to settle.

Question 9

Procedure: Financial Disclosure

Answer 9

• Parties owe each other absolute duty
  of full and frank financial disclosure
• You need to explain this duty to your client and ensure they understand what it entails
• Duty continues until court makes a final order in the proceedings
• Disclosure takes place by completion of Form E

Question 10

Procedure: Financial Disclosure

Answer 10

-Disclosure and the problem of ‘self help’

• Imerman v Tchenguiz & Others – Risk of committing criminal offences – Breaching confidentiality

Question 11

Procedure: Financial Disclosure

Answer 11

Failure to provide full and frank disclosure:
– Risk that financial settlements could be set aside
-Sharland v Sharland
-Gohil v Gohil

Question 12

Procedure: Costs

Answer 12

• General rule: each party pays their own – FPR
  28.3(5).
• Court may make a different order: factors to consider listed in FPR 28.3(7), e.g. conduct.

Question 13

What is the purpose of the Form E?

Answer 13

TO fulfil the duty of full and frank disclosure

Filed at least 35 days before the First Appointment

Question 14

Form E Layout

Answer 14

Section 1 – General information
Section 2 – Assets
Section 3 – Needs
Section 4 – Other information e.g. contributions, conduct. Section 5 – Order sought
Schedule of documentation attached

Question 15

Form E section 1- general information

Answer 15

Section 1.8 and 1.9
Cohabitation – affects the needs of the party.
Section 1.10 – details of the children of the family and with whom they live.
Section 1.11- the health of the party and their children.

Question 16

Form E - Section 1 General information

Answer 16

s.1.12 - children’s educational arrangements.
s.1.13 - Maintenance for the children

Question 17

section2 - Assets

Answer 17

s.2.1
the former matrimonial home

s.2.3
Details of joint and individual bank and building society accounts

s.2.4
details of all investments

Question 18

Form E - section 2 -Assets

Answer 18

Section 2.5
Life insurance and Endowment policies.
Surrender value – the amount that would be received from cashing in the policy.
Section 2.6
Details of all other monies owed to the party.
Sections 2.7 & 2.8
Cash and personal belongings worth more than £500.

Question 19

Form E - S.2 Assets

Answer 19

Sections 2.9 & 2.10
Capital: liabilities and capital gains tax.
Not including liabilities listed elsewhere in the Form i.e. mortgage.
Sections 2.11 & 2.12
Business interests, assets and directorships.

Question 20

Section 2 -Assets

Answer 20

Section 2.13
Pensions – excluding basic state pension.
Section 2.15
Details of earned income from employment. Includes estimated income for the next 12 months.

Question 21

section 3: Needs

Answer 21

Section 3.1
Income needs for the party and children living with or provided for by the party.
Contains vital information in relation to a claim for maintenance.
Section 3.2
Capital needs for the party and children living with or provided for by the party, such as housing, cars and one-off forms of expenditure.

Question 22

Section 4 other information

Answer 22

Standard of living during the marriage.
Likely to be a drop in the standard of living.
Court will try to ensure the drop is borne equally between the parties.
Section 4.3
Contributions? Were any of the assets owned by either of the parties prior to their relationship?

Question 23

section 5: order sought

Answer 23

Section 5.1
What is your client seeking?
Is a clean break between the parties appropriate? List your client’s main priorities in terms of settlement.