In financial remedy proceedings: yes, both parties must complete Form E
Where either party has issued a Form A application — formally starting financial remedy proceedings through the court — both parties are required to complete and exchange Form E. This is a mandatory requirement under the Family Procedure Rules 2010 (FPR 2010, Part 9). It is not optional and it is not something one party can waive on behalf of the other.
The exchange happens simultaneously: both parties file Form E at court and send their copy to the other party (or their solicitor) on the same court-set deadline date. Neither party sees the other's Form E before they have filed their own. This prevents either side from tailoring their disclosure to match what the other has declared.
What if we have already agreed our finances?
If you and your spouse have reached a financial agreement and are applying for a consent order — without going through the full court proceedings — you do not need to complete Form E. Instead, you submit a shorter form called the D81 (Statement of Information for a Consent Order).
The D81 gives the court a summary of both parties' financial positions so the judge can assess whether the proposed consent order is fair. It is significantly shorter than Form E but still requires both parties to provide key financial information including income, capital, pensions, and debts.
| Route | Form required | Who completes it |
|---|---|---|
| Financial remedy proceedings (contested or court-directed) | Form E — full financial disclosure | Both parties — simultaneously |
| Consent order application (agreed finances) | D81 — Statement of Information | Both parties — joint or separate |
| Simple clean break where no assets | D81 — simplified version | Both parties |
Can one party be excused from completing Form E?
No. In financial remedy proceedings, there is no mechanism for one party to be excused from completing Form E. Even if one party has very few assets, they must still complete the form — leaving sections blank where they genuinely do not apply (writing "not applicable") rather than omitting the form entirely.
If one party refuses to complete Form E, the court can make an unless order — an order requiring compliance by a specific date, with the consequence of having their case struck out or other sanctions if they fail to comply. In serious cases this can amount to contempt of court.
What if my spouse won't engage with the process?
If your spouse refuses to participate in financial remedy proceedings — including refusing to complete Form E — the court has a range of powers to compel them. These include:
- Unless orders with automatic sanctions for non-compliance
- Costs orders against the non-compliant party
- Drawing adverse inferences from the failure to disclose
- Third-party disclosure orders directed at banks, employers, or pension providers
- In extreme cases, penal notices and contempt proceedings
Both parties must file Form E simultaneously — the court will not proceed on the basis of one party's disclosure alone.
Does Form E need to be completed even in an amicable divorce?
If you and your spouse have agreed your financial settlement amicably and are applying for a consent order, you use the D81 rather than Form E. You do not need to go through full financial remedy proceedings at all.
However, even in an amicable situation, both parties must still provide honest financial information on the D81. The court reviews consent orders to check they are fair — a judge will not seal an order that appears to be grossly unfair to one party, even if both have agreed to it. Full financial transparency is still required, just through a shorter process.
Not sure which process applies to you?
The DivorceCompanion route checker helps you understand whether you need full Form E financial remedy proceedings or whether a consent order with a D81 is the right route for your situation.
- ✓ Route checker: contested or amicable?
- ✓ Form E Builder: for full financial remedy proceedings
- ✓ Plain-English guidance at every step