Welcome to Intelligent Divorce

The Money and Divorce blog is brought to you by Intelligent Divorce, the new way to get fixed-fee specialist legal advice on splitting your money when you divorce.

Our blog provides illustrated practical guides for those going through the divorce process, plus news on divorce, money and family breakdown.

"I would like to let you know that I found your website so invaluable in my divorce process. I am having to represent myself due to lack of finances and I know for a fact I wouldn't have been able to do it had it not been for your fantastic website. I would recommend it to anyone who find themselves in a similar situation to me." Madeleine


3 October 2012

Form E: different ways to complete it, plus the cover page and Section 1

Mahie Abey, Family Solicitor

You may be completing Form E as a litigant-in-person, or filling it in for your solicitor to then finalise.

The way in which you complete the Form E will depend on how computer-literate you are.

Completing Form E by hand

If you can’t use a computer, then write on a blank one (download it here) neatly in black ink.


If you are represented (have a solicitor) you won’t need to do any of the adding on the Form, or work out sub-totals and grand totals, as your solicitor will use a computer program that does the calculating for them.


If you are unrepresented you will have to work through the addition - which is a bit of a pain, but needs doing carefully.

Completing Form E using your computer

If you are representing yourself and even vaguely computer literate!) the easiest way to fill out Form E is to downloading the PDF version of Form E from the Court Service website here.

Once you’ve downloaded and saved the file you’ll be able to save your changes (beware: you can’t save changes if you just fill it in on the Court Service website).

Note though that the boxes won’t expand – so if you’ve got more to fit in than the form allows you will either have to create additional sheets, or (if you have a solicitor) use Quantum Client as detailed below.

If you are represented, check with your solicitor how they prepare their Forms E. Quantum Client is an offshoot of the program, Quantum Premium, that most good solicitors use to complete Form E. It is produced by Class Publishing, who will let you use it free for 35 days, which should be long enough for you to produce your form.

You can fill in your Form E, with help from the infinitely expandable boxes and the fact that the calculations are automatically handled, and then either print it off (note it will have the word 'Draft' on it) or email it to your solicitor.

OK, now let’s move onto the detail of filling in Form E. 

The cover page



Only fill in the box at the top right if court proceedings have already been issued (i.e if you have filed a Form A – see earlier my post on this here). If they have, complete the box as follows:

1.      Name of the court where Form A was filed – e.g. Brighton County Court.

2.      This case number is the same as the one for the divorce proceedings. You’ll have it on the forms you’ve been sent by the court. Insert that here.

3.      The Applicant is the person who initiated the financial remedy application, i.e. sent in the Form A – this could be you or your ex-partner. Give the full name, including any middle names.

4.      The Respondent (in these financial proceedings) is the person who isn’t the Applicant.  Give the full name, including any middle names. (Note that this person may or may not be the Respondent in the divorce proceedings!)

If you’re using Form E for voluntary disclosure (i.e. outside of the court process - see my post here) – write that in the court box and your names in any order in the two boxes below it.

5.      Give your full name, including any middle names.

6.      Tick whether you are the husband, wife or civil partner.

7.      You need to give here the date you sign the form (which you do on the last page). I suggest leaving this blank for now, and coming back to it when you have finished the form.

8.      Write the full name of the Applicant here (see above).
9.      Tick whether the Applicant is the husband, wife or civil partner.

The next two sets of tick boxes can be confusing – and are in fact badly worded. They relate to the divorce itself, as opposed to these financial proceedings.

10.   Tick whether the person you’ve named in 8. is the Petitioner or Respondent in the divorce proceedings (you should know this – to remind you, the Petitioner is the one who started the divorce proceedings by filing the Divorce Petition at court).

11.   Tick ‘divorce’ here (unless you are civil partners, in which case tick ‘dissolution’ or if you have applied for a judicial separation rather than a divorce).

12.   Write the full name of the Respondent in the financial proceedings here (see above). It’s important to remember that this person may or may not be the Respondent in the divorce proceedings.
13.   Tick whether the Respondent is the husband, wife or civil partner.

14.   Tick whether the person you’ve named in 12. is the Petitioner or Respondent in the divorce proceedings.

15.   Tick ‘divorce’ here (unless you are civil partners, in which case tick ‘dissolution’ or if you have applied for a judicial separation rather than a divorce).




16.   Leave this box blank (if you are represented by a solicitor they will be filling in the form for you!

Section 1
Most of these boxes are self-explanatory.



17.            Only enter the dates for the documents that you have, and leave the others blank.

18.            If the children spend good amounts of time with each of you put ‘Both’ in the ‘With whom does the child live column?’

19.            Only enter anything here if your health, or that of the children, has an impact on your ability to work full time. That is what this question is actually getting at.



20.            You may not be certain about these future arrangements. Give your best guess, or say where you hope the children will go.

21.            If the CSA have made a maintenance calculation, or there is a court order or agreement in place for child maintenance, enter details here.

If neither of these has yet happened, estimate the amount of maintenance that will be due using the following guide:

Number of children
Amount of non-resident parent’s net income due
1
15%
2
20%
3 or more
25%

This amount is then subject to a discount for the number of nights the children spend with the non-resident parent:

Number of nights children are with non-resident parent
Fraction of maintenance due to be deducted

under 54
zero
54-103
1/7th
104-155
2/7th
156-174
3/7th
175 or more
½ (plus a further £7 p/w per child

There is also a useful calculator here - which you should definitely use if there are children in the non-resident parent’s new family. 


22.            This should be self-explanatory: it applies mostly to variation of spousal maintenance claims.

23.            You will know if there have been other proceedings. It does not include the divorce itself, so don’t enter that here.

24.            Terms of occupation means ‘Tenant’, ‘Sole owner’, ‘Joint owner’ and so on.

I hope this has helped you start your Form E. My next post will take you through the next sections, again step-by-step.