Full and frank disclosure: does Form E remain fit for purpose in modern financial remedy proceedings?

Lauren Winser, Barrister, Westgate Chambers
Sofia Santos, Pupil Barrister, Westgate Chambers

The ongoing duty to provide full, frank and clear disclosure is fundamental to financial remedy proceedings and failure to do so, whether deliberate or not, can have significant consequences. Financial remedy practitioners at all levels will be familiar with the Form E and its established centrality within the disclosure exercise. Its purpose is to provide the court and the opposing party with a detailed breakdown of a party’s financial circumstances. There are, however, a number of problems associated with completing the Form E which can cause practical complications later in proceedings. This article examines many of these problematic areas, provides guidance for the successful completion of the Form E by unrepresented and represented parties alike, and looks to the potential for an electronic Form E which could be more suitable in modern financial remedy proceedings. 

The full article has published in the May issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

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