Form D81 is a court document that needs to be completed by couples going through divorce or dissolution who have reached an agreement on how to divide their finances and want the agreement to be made legally binding through a Consent Order. Form D81 is officially called the “Statement of information for a consent order in relation to a financial remedy”. It provides the court with key information to create the Consent Order, including the couple’s financial position, how assets will be split, and how the agreement was reached.
Please note: if you are not seeking a Consent Order, you will not need to complete Form D81.
It is essential to provide full and frank disclosure of your financial position and the reasoning for your division of assets. Lying on Form D81 can be a serious offence. It can result in the consent order being overturned, legal costs, reputational damage, and even criminal prosecution. Full and honest financial disclosure is essential for the court to approve a fair and lawful settlement.
Form D81 should not be confused with Form E. Form E is used when divorcing couples cannot agree on the division of assets and require the court to make a decision on their behalf. Form D81 is only used when the couple agree and just wants to have this made legal through the issuing of a Consent Order by the courts.
Do you need a solicitor to complete form D81?
You do not need a solicitor to complete Form D81. However, many people going through divorce choose to instruct a family law solicitor to complete and submit the form to ensure it is accurate. Errors, omissions, or unclear information can result in an incorrect or legally invalid Consent Order, which may allow one party to claim more than they are entitled to. For this reason, it is generally advisable to have a solicitor check and complete your Form D81 to help protect your interests and those of any children involved.
How to fill in a D81 form
Filling the D81 form will require detailed financial information from both you and your ex-partner. It is recommended that you complete the form jointly with your ex, which will make sure that you both provide full financial information in one document.
It is possible for each party to complete separate forms if necessary. If you opt for separate forms, however, both of you must still sign to confirm that you have read the other’s answers, and both forms must be submitted at the same time.
To aid the process of filling out Form D81, we recommend gathering any relevant documents beforehand, including your bank statements and pension valuations.
What key information do you need to prepare to fill a D81 form?
In order to complete Form D81, you will need to gather the following information beforehand:
- Income – salaries, p60s, benefits, rental income, maintenance – we recommend using your latest payslip or HMRC statement for this purpose
- Property – addresses, current market values, and mortgages remaining
- Other capital – bank accounts, ISAs, investments
- Liabilities/debts – including the remaining balance of any loans, overdrafts, and cards
- Pension valuations – including pension cash‑equivalents, and PPF compensation if applicable
- Child maintenance/support – how much is paid by one party to the other
It is essential to provide as much context as possible to explain how you have reached your financial agreements. This includes details of your housing plans, children’s living arrangements, new relationships, and pension transfers. You will also need to provide clear and concise reasons for how you reached your settlement. For example, one of you will live in the marital home to look after the children and receive a larger share of any capital as a result. In this case, you may include the fact that the property will be transferred into the sole ownership of one party. If you have chosen to have a clean break, this should also be clearly explained, and the reasons why. Furthermore, if you have agreed that one party will take a share of the other’s pension, it is important to state that you are applying for a pension sharing or attachment order, and again, the rationale for doing so.
Common mistakes to avoid in a D81 form
Some of the most common mistakes to be avoided when completing Form D81 include:
- Not disclosing all assets and liabilities – this may include leaving out bank accounts, investments, valuable items, loans, credit cards, or mortgage details. Any such occurrences may lead the judge to refuse the Consent Order
- Incorrectly valuing assets or property – Undervaluing property may prompt the court to order formal valuations and delay the process
- Discrepancies between the D81 and the consent order – information in the D81 form and the consent order must be aligned
How long does a D81 Form take to process?
The Form D81 processing time is determined by how long it takes to have a Consent Order processed and review the D81 Form as a whole. It can take anywhere from 6-10 weeks for a consent order to be approved; however, the exact time will depend on the workload of the court, complexity of financial arrangements, accuracy and completeness, and the judges’ requirements.
