Q&As

Where voluntary disclosure is dealt with by the exchange of Forms E, is there a requirement for a signed statement of truth?

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Published on LexisPSL on 15/07/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where voluntary disclosure is dealt with by the exchange of Forms E, is there a requirement for a signed statement of truth?

The pre-action protocol set out in the annex to Family Procedure Rules 2010, PD 9A (FPR 2010) states (at para 12) that:

‘If parties carry out voluntary disclosure before the issue of proceedings the parties should exchange schedules of assets, income, liabilities and other material facts, using the financial statement as a guide to the format of the disclosure. Documents should only be disclosed to the extent that they are required by the financial statement. Excessive or disproportionate costs should not be incurred.’

No specific reference is made to a statement of truth in the pre-action protocol, in contrast to FPR 2010, SI 2010/2955, 9.14, which applies to a Form E filed within proceedings, a

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