Is Form E compulsory in divorce?
Family law group Resolution encourages, and indeed expects, both parties to voluntarily begin financial disclosure at an early stage to help move negotiations along and increase the chances of reaching an amicable solution, thereby avoiding the acrimony and costs of having to go to court.
Without an exchange of financial information, neither party can receive proper advice on any settlement. Put very simply, the size of the matrimonial pot needs to be known and agreed upon before it can be shared out.
Indeed, if either party makes an application to the court for a financial remedy (settlement) order, then the court will automatically order both parties to disclose their finances and assets fully. These details will need to be filed with the court and exchanged with each other by a given date.
It makes sense to prepare and exchange this information as soon as possible using Form E.