Husband faces prison for Form E failure

Family Law|November 2nd 2016

A former husband faces the prospect of prison if he does not submit his Form E.

Back in May, the man was ordered by a District Judge to submit this document before 8 July following his divorce. However, the deadline came and he failed to comply with this instruction.

Form E is the comprehensive financial statement required by both parties when they divorce. It is designed to allow people to submit full and frank disclosure of their money and assets. This way, the courts can make a fair, accurate assessment of each party’s needs going forward and can make financial settlements which reflect that.

Not only did the husband in this case fail to submit his Form E, he did not attend the First Appointment in August. In response, the wife’s legal team requested that he “show cause why [he] should not be committed to prison” for contempt.

The court endorsed this request in September and set another hearing for October. Once again, the husband did not show up. His Honour Judge Rowland declared that his lack of attendance “demonstrated his contempt for the procedure of the court”. Even so, the judge wanted to give him “a last opportunity to comply with the court order and enable the substantive application to proceed to disposal”.

Judge Rowland said the husband should be sent to prison for three months unless he can comply with the original order to provide his completed Form E within two weeks.

Read the judgment here.

Photo by Surrey County Council News via Flickr under a Creative Commons licence.

Author: Stowe Family Law

Comments(4)

  1. Andy says:

    In the end..if he continues to evade submitting his E form what will the judge do..send him to prison for how long and after that more porridge!!!
    If he continues to do this the matter of divorce just gets lengthy..if you argue with the system of compliance the system won’t know what to do if you don’t comply…So in effect you rules that we are supposed be guided by in this case has run out.

    I have to say I would like to follow up future on this subject as if it has no end then it creates a new way of thinking in submitting such documentation…

    Or not submitting such in this case..

    • spinner says:

      If he is doing this to take a stand then big respect to him and if more people were strong enough to do this then the system would fail as you can’t jail everyone.
      If your squeamish about going to jail as I am you should provide just enough information on the Form E so they are not sure if you are cooperating or not. The most useful phrase when in court is then “I don’t recall”.

  2. JamesB says:

    I know a chap who spent 6 months in jail for non payment. Figures are not released but I think it is common place and government authority is precarious as evidenced by Brexit etc.

  3. Pete says:

    Well Just goes to prove that your dammed if you do and dammed if you don’t .
    Also if you a woman then you can falsify the E form and that’s fine with this unjust system.

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