Understanding Form D81: The statement of information for a Consent Order

At Sinclair Law Solicitors, we understand that navigating the legal and financial aspects of divorce can feel overwhelming. One document that often causes confusion is Form D81, also known as the Statement of Information for a Consent Order.

If you and your former spouse have reached a financial agreement and wish to make it legally binding, the Form D81 plays a crucial role in that process. This guide explains what Form D81 is, why it’s important and how to complete it correctly to support your financial settlement.

What is a D81 Form?

It is a court form used in divorce or civil partnership dissolution proceedings. It provides the court with a summary of each party’s financial position, both before and after the proposed financial settlement outlined in the Consent Order.

The court uses the information outlined in the form to assess whether the financial arrangements are fair and reasonable before making the agreement legally binding.

When is Form D81 required?

You will need to complete and submit a D81 Form when:

• You and your former partner have agreed on a financial settlement, and
• You are applying to the court for a Consent Order to formalise the agreement.

Even in amicable divorces, the court will not approve a Consent Order without reviewing the financial information contained in Form D81.

What information does Form D81 contain?

Each party must disclose their full financial circumstances. This includes:

• Income: Salary, benefits, pensions in payment and other sources of regular income.
• Capital assets: Savings, investments, property and other significant assets.
• Liabilities: Mortgages, loans, credit card debts and other financial obligations.
• Pensions: Both private and occupational pensions, including their current value.
• Details of any new relationships (cohabitation or remarriage plans).

The form also sets out what each party will retain or receive following the implementation of the settlement terms outlined in the Financial Consent Order.

The information must be accurate, up to date and complete – the court relies on this data to assess fairness.

Why is a D81 Form important?

The court has a duty to ensure that any financial settlement following divorce is fair and reasonable, particularly where children are involved.

Even if both parties are in agreement, the judge will not approve a Consent Order without being satisfied that:

• Both parties have made full and frank financial disclosure within the Form D81; and
• The proposed division of assets is not manifestly unfair to either party.

Form D81 gives the judge essential insight into each party’s financial position and enables them to make an informed decision. Inaccurate or misleading information can result in the Consent Order being refused, questioned or set aside at a later date.

Submitting Form D81 with a Consent Order

It must be submitted alongside your draft financial Consent Order.

In most cases, there is no court hearing, the judge will consider the paperwork and either approve the Consent Order or request further information if needed.

Common issues and mistakes to avoid

At Sinclair Law Solicitors, we often help clients avoid the most common issues we see with Form D81:

• Failing to disclose all assets – Omitting even small accounts or pensions can cause delays or rejection.
• Providing outdated valuations – Use recent statements and up-to-date property valuations.
• Inconsistent figures – Ensure the contents of your financial Consent Order match those in your D81.
• Overlooking the impact of future cohabitation or remarriage – Full disclosure of your circumstances is expected by the Court, even if you do not deem it to be directly relevant.
• Errors in the form – Simple oversights or a lack of understanding of the format of the document can cause further questions being raised.

We strongly recommend seeking legal advice before submitting a D81 to ensure your settlement has the best chance of being approved.

How Sinclair Law Solicitors can help

At Sinclair Law Solicitors, our experienced family law team regularly advises clients on completing Form D81 and preparing Consent Orders. We can work with you to:

• Ensure accurate and full financial disclosure
• Draft Financial Consent Orders and Form D81
• Submit your application efficiently to the court
• Safeguard your financial future

Whether your case is straightforward or involves more complex assets, it is important that the process is followed, and the documentation is prepared effectively to avoid future issues or unnecessary delay. We can assist you in making the process as smooth as possible without unnecessary contention.

Contact our family law specialists

If you need advice on divorce financial settlements or any aspect of divorce and separation, please contact our team at Sinclair Law Solicitors today and request a free 30-minute consultation.

Complete the contact form below or:

📞 Call: 01625 526 222
📧 Email: contact@sinclairlaw.co.uk

This content is for general information only. If you require legal advice on your specific circumstances please get in touch.

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