Finances

Form E vs mediation disclosure

People sometimes assume that dividing finances always means filling in Form E. In fact, if you sort things out through mediation, you usually will not complete a formal Form E at all. Instead you provide voluntary disclosure that follows the same headings. The information is much the same; the process is very different.

This page explains what Form E is, how mediation disclosure works, how the two compare, and when the sworn Form E becomes necessary. It builds on our guide to financial disclosure in mediation. This is general information, not financial or legal advice.

Do you fill in Form E in mediation?

Usually not the formal court version. Form E is a court document. It belongs to the financial remedy process that runs when a couple cannot agree and one of them applies to court. In mediation, you are trying to reach agreement without that process, so the disclosure is voluntary rather than sworn. Mediators do, however, borrow the Form E headings, because they are a sensible and complete way to capture someone’s finances.

So the honest answer is that mediation disclosure looks a lot like Form E in content, but it is lighter in form. You are giving the same information, without swearing a court statement of truth or filing anything with a judge.

What is Form E?

Form E is the standard financial statement used in financial remedy proceedings in the family court. Each person completes their own, setting out their full financial position across property, pensions, savings and investments, income, debts and their needs. It is supported by documents and by a statement of truth, which means signing to confirm the contents are true. Giving false information on a Form E can amount to contempt of court.

Because it is a court document, Form E is thorough and formal. It is designed to give the court everything it needs to decide a contested case, which is why it is longer and more demanding than voluntary disclosure. Form E is closely linked to the court application itself, which for financial remedy starts with Form A and the MIAM requirement.

How mediation disclosure works

In mediation, the mediator gives you a disclosure form or an online tool that follows the same categories as Form E. You each complete it and provide supporting documents, such as statements, payslips and pension valuations. You both see the same information, so neither is in the dark. The mediator can query gaps, but they do not swear or file anything.

Because it is voluntary, this route is generally quicker, cheaper and less stressful. It relies on both of you being honest, and the same duty of full and frank disclosure applies. When you finish, the figures are summarised in an open financial statement that can be shown to the court when you apply for a consent order.

Form E vs mediation disclosure at a glance

When does Form E become necessary?

If mediation resolves the finances, you can usually avoid Form E altogether. Your voluntary disclosure and open financial statement support the consent order, and the case never enters the contested court process. This is one of the practical advantages of reaching agreement through financial mediation.

Form E becomes necessary if mediation does not resolve things and one of you applies to court for a financial order. At that point the court sets a timetable, and each of you completes and exchanges Form E as sworn disclosure. Even then, many cases settle by agreement before a final hearing. Doing thorough disclosure in mediation is rarely wasted, because the same information carries over if a court application later becomes necessary.

What Form E actually asks for

Form E is long, around 28 pages, and it is divided into sections. Seeing what it covers shows why mediation borrows its structure.

It is supported by documents, such as statements and valuations, and by a statement of truth. Mediation disclosure gathers the same information, Part 1 and Part 2 in particular, but in a simpler form and without the statement of truth or the court filing.

Where Form E fits in the court timetable

If a couple cannot agree and one applies to court for a financial order, the case follows a set timetable, and Form E sits near the start of it.

The financial dispute resolution, or FDR, is itself a settlement step, held on a without prejudice basis so people can negotiate freely, and many cases settle at or before it. Reaching agreement earlier, through mediation or another form of non-court dispute resolution, avoids most of this timetable.

What if only one of you will disclose?

Voluntary disclosure works because both people take part. If one person will not disclose in mediation, the process may not be able to continue, and the matter can move to court, where disclosure is not optional. There the court can order disclosure, attach a penal notice, draw adverse inferences against someone who hides assets, and make costs orders. In short, honesty is faster and cheaper, and the court has firm tools where it is missing. Our guide on what happens if mediation does not resolve everything sets out the next steps.

From mediation disclosure to a binding order

When mediation succeeds, the route to a binding outcome is short. Your voluntary disclosure feeds the open financial statement, the memorandum of understanding records what you agreed, and a solicitor uses both to draft a consent order with a Form D81 statement of information. A judge checks it is fair and seals it, without either of you ever filing a Form E. This is why doing disclosure carefully in mediation is rarely wasted, even in the unlikely event you later need the court.

Why many couples prefer mediation disclosure

The practical advantages of disclosing through mediation rather than the court process are easy to see once you compare them. There is no sworn statement to prepare, no court timetable to follow, and no filing fees for the disclosure stage. You control the pace, and because both of you see the same information at the same time, trust tends to build rather than break down.

It is also usually faster. A couple who are willing to be open can often complete disclosure in a few weeks, then move to agreement, whereas the court route builds in fixed stages and hearings that can take many months. For most families, reaching the same honest picture with less cost and stress is the whole point of choosing mediation.

When the sworn Form E is still the right route

None of this means mediation disclosure suits every case. Where one person will not be open, where trust has broken down completely, or where there is a real fear that assets are being hidden, the sworn Form E and the court’s powers to compel disclosure may be the safer route. Mediation depends on good faith on both sides, and where that is missing the formal process exists for a reason.

Even then, the two routes are not sealed off from each other. Many couples start in mediation, narrow the issues, and only use the court for a specific point they cannot agree. The disclosure done in mediation still counts, because the underlying financial facts do not change, whichever process is used to record them.

Being thorough matters either way

Whichever route you use, the value of good disclosure is the same. A settlement, whether reached in mediation or ordered by a court, is only as fair as the information behind it. Taking time to gather your documents properly, check your figures and be open about everything you own and owe is never wasted effort, because it protects the agreement from being unpicked later.

If you are weighing up the options, our guide to financial mediation explains how disclosure fits alongside the family home, pensions, maintenance and debts. The disclosure you do now is the same foundation, whichever way your case is finally resolved.

Frequently asked questions

Sources

1. GOV.UK, Financial statement for a financial remedy (Form E), gov.uk. Accessed 9 July 2026.
2. Justice UK, Family Procedure Rules, Practice Direction 9A, justice.gov.uk. Accessed 9 July 2026.
3. GOV.UK, Money and property when you divorce or separate, gov.uk. Accessed 9 July 2026.