By Sital Somaiya, Founder and Solicitor. Last reviewed 14 October 2026.
Key points
- Form E is a sworn statement of your finances, exchanged with your spouse with supporting documents.
- The FDR is a settlement hearing where a judge tells you the likely outcome. Most cases settle at or soon after it.
- Hiding assets can lead the court to assume you have more, and a settlement can be set aside later.
- Do not help yourself to your spouse’s private documents. Tell your solicitor what you suspect.
If you cannot agree your finances on divorce, one of you can apply to court for a financial order on Form A. You must usually attend a MIAM first. From that point the case follows a fixed path, and the two most important stages are financial disclosure on Form E and the Financial Dispute Resolution hearing, known as the FDR.
In this guide
- The financial remedy process
- Form E: what you must disclose
- A document checklist to start now
- What if your spouse hides assets?
- The FDR hearing
- How to prepare for an FDR
- Frequently asked questions
- Talk to us
The financial remedy process
| Stage | What happens | Typical timing |
|---|---|---|
| Form A | Application to the court, which lists a first appointment | Week 0 |
| Form E | Both of you exchange financial statements with documents | 5 weeks before the first appointment |
| Questionnaire and statement of issues | Each of you sets out questions about the other’s Form E and the issues in dispute | 2 weeks before the first appointment |
| First appointment | The judge decides what further information and valuations are needed | About 12 to 16 weeks after Form A |
| FDR hearing | A settlement hearing where a judge gives an indication | Usually a few months after the first appointment |
| Final hearing | A different judge hears evidence and decides | If the case does not settle |
Timings vary from court to court. Many cases settle well before a final hearing.
Form E: what you must disclose
Form E is a detailed statement of your finances. You sign it with a statement of truth, and giving false information can be contempt of court. It covers:
- Property, with an estimate of value and the mortgage outstanding
- Bank accounts, with 12 months of statements
- Investments, savings, shares and cryptocurrency
- Pensions, with a current CETV from each scheme
- Income, with recent payslips and your P60, or business accounts if self-employed
- Debts and liabilities
- Your reasonable future income and capital needs
A document checklist to start now
- 12 months of statements for every bank, savings and credit card account
- Your last three payslips and P60, or two years of business accounts and tax returns
- A current CETV request to every pension scheme
- A recent mortgage statement and an estate agent’s market appraisal
- Statements for ISAs, shares, crypto wallets and premium bonds
- Details of loans, car finance and other debts
- Documents for any assets held abroad
The duty of full and frank disclosure continues throughout the case. If your circumstances change, you must update the other side. Form E is also often exchanged voluntarily in mediation or negotiation, without any court application.
What if your spouse hides assets?
Courts take non-disclosure seriously. If the court finds a spouse has hidden assets, it can draw adverse inferences and assume they have more than they have declared. A settlement obtained through non-disclosure can be set aside later, as the Supreme Court confirmed in Sharland v Sharland and Gohil v Gohil in 2015.
Warning signs include unexplained transfers, cash withdrawals, a sudden drop in declared business profits, new accounts or assets moved into a relative’s name.
Do not take your spouse’s private documents or log into their accounts to find evidence. Using documents obtained this way can backfire badly. Tell your solicitor what you suspect, and they can use the court’s powers to require disclosure.
The FDR hearing
The FDR is the most important hearing in most financial cases. It is a without prejudice hearing, which means what is said cannot be used at a final hearing. Both of you must make settlement proposals beforehand. The judge reads the papers, hears brief submissions from each side, and tells you how they think a final hearing would be likely to go. You then spend the rest of the day negotiating, usually in separate rooms.
How to prepare for an FDR
- Know your figures: the total assets, the main options and what each would mean for you
- Decide in advance what outcome you could accept, and where you have room to move
- Understand your legal costs so far, because each side must file a costs estimate
- Clear the whole day, and expect to wait while offers go back and forth
- Listen to the judge’s indication. It is the best guide you will get to the likely result
If the case settles, the agreement is turned into a consent order. If not, it goes to a final hearing before a different judge. Some couples arrange a private FDR with a specialist barrister acting as the judge, which can be faster.
An example
Rob and Hannah cannot agree how to divide the house and Rob’s business. After exchanging Form Es, Hannah’s questionnaire asks for the business accounts and an explanation of a large transfer. At the first appointment the judge orders a valuation of the business. At the FDR the judge indicates that Hannah should receive the house and a share of Rob’s pension. They settle that afternoon, and the agreement becomes a consent order.
This is an illustrative example, not a real case.
Frequently asked questions
How long does the financial court process take?
Often 12 to 18 months from Form A to a final hearing, depending on the court. Many cases settle earlier, at or soon after the FDR.
Do I have to fill in Form E if we are negotiating without court?
It is not compulsory, but full disclosure is still essential. A consent order based on incomplete disclosure can be set aside, so Form E is often used voluntarily.
What happens if my spouse will not complete Form E?
The court can order them to, and can draw adverse inferences or make costs orders if they still fail. In serious cases a penal notice can be attached to the order.
Is what is said at the FDR confidential?
Yes. The FDR is without prejudice, so the offers and the judge’s indication cannot be used at a final hearing, and the FDR judge cannot hear the final hearing.
What should I bring to an FDR hearing?
Your solicitor prepares the bundle. You should be available all day, ready to negotiate, and clear in advance about what outcome you could accept.
Sources
- Matrimonial Causes Act 1973, section 25, legislation.gov.uk
- Divorce: money and property, GOV.UK
Talk to us
Signature Law represents clients through every stage of financial settlements on divorce, from Form E to final hearing. See our guides to spousal maintenance and pension sharing orders, or speak to our divorce solicitors in Romford.
Request a callback, or call 01708 398 851.
