What Is a Form D81?

What Is a Form D81? | The Divorce Negotiator  | Divorce Financial Settlement Mediation  | Financial Consent Orders | Pension Sharing on Divorce

What is Form D81?

If you are applying for a financial consent order, you will come across Form D81. Its full name is the Statement of Information for a Consent Order in relation to a Financial Remedy. It is one of the key documents the court looks at before deciding whether to approve your financial settlement.

This guide explains what the D81 is, why it matters and why it needs more care than many people expect.

Why the court needs a D81

A judge has to be satisfied that a financial settlement is fair before approving it. You do not normally attend court for a consent order, so the judge makes that decision on paper. The D81 is how they see the bigger picture.

The D81 is not a standalone form. It is considered by the judge in conjunction with the consent order. The consent order sets out what is going to happen: who keeps the house, how pensions are shared, whether there is any maintenance. The D81 explains the financial position behind it. Together they allow the judge to decide whether the agreement is reasonable in all the circumstances.

What the D81 covers

The form asks for a summary of both people's circumstances, including:

  • how long you were married and how long you lived together
  • your ages and the ages of any children
  • your capital, pensions and income
  • what each of you will have once the order has been put into effect
  • where each of you and the children will live
  • whether either of you has remarried or plans to live with a new partner
  • any other information the judge should know about

More than filling in boxes

At first glance the D81 can look like a straightforward form. In practice it requires a thorough understanding of the marital finances, the settlement you have reached and the reasons for it.

The figures have to be consistent with the consent order and with the financial information each of you has disclosed. The form needs to show each person's position both before and after the settlement. Where the division is not equal, the judge will want to understand why. If the reasons are not explained clearly, the order may be queried or returned.

What happens if the D81 is not right?

If the judge cannot see from the D81 why the settlement is fair, they may:

  • send the paperwork back asking for more information
  • refuse to approve the order
  • in some cases, list the matter for a hearing

Any of these can cause delay and additional cost. Errors or omissions may also leave the order open to challenge later.

The D81 is signed with a statement of truth, so both of you are confirming that the information is accurate. It needs great care as giving false or incomplete information may have serious consequences.

Do we each need to complete one?

The D81 can be completed separately by each person or as one joint form. When we prepare your consent order, we complete a single joint D81 for you both. You each check it and then sign it.

Can we complete the D81 ourselves?

The court does not require you to use a professional. However, the D81 has to work together with the consent order and the other court papers. Without experience of how the court approaches these documents, it can be difficult to know what the judge will be looking for.

For an idea of what is involved and the likely cost, see our article How Much Does a Financial Consent Order Cost?.

How The Divorce Negotiator can help

We prepare the D81 as part of our consent order service, alongside the order itself and the other court papers. Because we also mediate, we often already have a detailed understanding of your finances and the reasons behind your agreement before the paperwork is drafted.

  • Mediation and drafting in one place. You do not need to instruct a solicitor separately.
  • Telephone and video. We help couples anywhere in England and Wales.
  • Experience. We have been helping couples reach financial settlements since 2017 and have dealt with hundreds of cases.

Frequently asked questions

Is the D81 the same as Form E?
No. Form E is a detailed financial statement mainly used where a case goes to court. The D81 is a shorter summary used where a settlement has been agreed.

Do we need to attach documents to the D81?
Not usually, but the information in it should be consistent with the financial disclosure you have exchanged.

Can the court reject our order because of the D81?
The judge may return the paperwork or ask for more information if the D81 does not explain why the settlement is fair.

Does the D81 go to our pension providers?
No. The D81 is for the court. Where a pension is being shared, separate paperwork is needed for each pension.

Talk to us about your consent order

If you would like help with your D81 and consent order, get in touch for a free initial conversation.

Get in touch