Form D81 is a crucial part of securing a fair financial settlement in divorce or civil partnership dissolution. It gives the court a full picture of both parties' finances, helping judges assess whether an agreement is reasonable before approving a consent order. In this guide, we cover what a D81 form is, when it's required, and how it is used in divorce proceedings.
What is form D81?
Form D81, officially called the 'Statement of Information for a Consent Order', is a key document in divorce and financial settlements. It provides a full picture of both parties’ finances when applying for a consent order, ensuring that financial agreements are fair, transparent, and legally binding.
This form helps the court assess whether the financial settlement is reasonable before approving the consent order. Without it, the judge cannot properly evaluate whether both parties are receiving a fair share of the assets.
Why is form D81 important?
It ensures full financial disclosure, preventing hidden assets from affecting the settlement.
It helps the judge decide whether the agreement is fair before making it legally binding.
It protects both parties, ensuring one person isn’t left at a financial disadvantage.
When is it usually used?
Form D81 is required whenever a divorcing or separating couple applies for a consent order to legally settle their financial affairs. It is typically used for:
Applying for a consent order
When a couple agrees on how to divide finances - including property, pensions, savings, and spousal maintenance - a consent order makes that agreement legally enforceable. The D81 form must be submitted to provide financial details to the court.
Example: A couple agrees that one partner keeps the house while the other receives a lump sum. The court needs Form D81 to assess whether this division is fair before approving the consent order.
Ensuring transparency in financial disclosures
Both parties must be honest and open about their financial situation when dividing assets. The D81 form helps prevent disputes by ensuring all income, savings, debts, and pensions are disclosed.
Example: If one party fails to declare offshore investments or hidden savings, the consent order may be rejected, or the settlement could be challenged later.
Providing evidence to the court
Judges must be satisfied that a financial agreement is fair and reasonable before approving a consent order. The D81 form helps them make that decision by providing:
A breakdown of each person’s income, property, pensions, and savings.
Information on whether either party is supporting children or dependents.
A summary of how assets will be divided and whether any ongoing financial support will be provided.
Example: If one spouse is giving up their career to raise children, the court may assess whether spousal maintenance is needed to ensure financial fairness.
Do you need to complete a D81 form?
Yes, Form D81 is mandatory for any couple applying for a consent order to settle their financial arrangements after divorce or separation. It must be fully completed. You cannot pick and choose which financial details to include - the court requires a full and honest disclosure from both parties.
Each person fills in their own section, either as the applicant or respondent, and both must sign a statement of truth confirming that all financial information provided is accurate and complete.
Do you need a solicitor to complete it?
Yes, you can complete Form D81 yourself and submit it to the court along with your financial agreement. However, many people overlook key financial assets, such as pensions, when agreeing to a settlement, which can lead to problems later.
A common scenario is that couples agree to keep their own pensions without realising the long-term financial impact. Later, when they seek legal advice to draft the consent order and Form D81, they may discover that the settlement is unfair. This can lead to one party backing out of the agreement.
Why getting legal advice matters
While you can fill out the form yourself, it’s always a good idea to get legal guidance first to make sure your financial agreement fully protects your future.
An online divorce solicitor can review the financial settlement to ensure it is fair and legally sound.
They can help you understand pension entitlements, which are often overlooked but can be one of the most valuable assets.
Getting legal advice before submitting Form D81 reduces the risk of disputes later, ensuring a smooth approval process.
What information is usually included on a D81?
Form D81 requires both parties to provide full financial disclosure so the court can assess whether a financial settlement is fair and reasonable. The information you’ll need to include is:
Income: Details of salary, pensions, benefits, rental income, and any other earnings from employment or investments.
Assets: A breakdown of property, savings, investments, pensions, and other valuable assets owned by either party.
Liabilities: A list of debts, loans, credit card balances, and other financial commitments that could affect the settlement.
Future financial needs: Expected costs for housing, childcare, living expenses, and any ongoing financial responsibilities after the divorce.
Details of the financial settlement: How assets, debts, pensions, and maintenance payments will be divided between both parties.
How long does a D81 form take?
Filling out Form D81 can take anywhere from a few hours to a few days, depending on the complexity of your finances and whether you need to gather extra documents (e.g. pension statements or property valuations).
And in general, court approval of a consent order (which includes Form D81) usually takes 4 to 10 weeks, depending on:
How busy the court is
Whether the judge needs more information before approval
Whether the financial agreement appears fair and reasonable
💡 Editor’s insight: “To avoid delays, ensure that all financial information is accurate and complete before submitting Form D81. If you’re unsure, seeking legal advice can help ensure your settlement is fair and legally binding.”
What happens once the form is completed?
Once both parties have completed Form D81, the next steps involve court submission and approval:
Both parties review each other's financial disclosure – This ensures transparency and confirms that all financial details have been fully disclosed.
The consent order and D81 forms are submitted to the court – These documents are sent together as part of the application to make the financial agreement legally binding.
A judge reviews the documents – The judge checks whether the financial settlement is fair and reasonable, considering each party’s income, assets, liabilities, and future financial needs.
Approval or request for clarification – If the judge is satisfied that the agreement is fair, the consent order is approved and legally binding. If the judge has concerns, they may ask for further details or request modifications before making a final decision.
Is form D81 the same as form E?
No, Form D81 and Form E are different and serve separate purposes in financial proceedings. If you and your ex-partner agree on a financial settlement, you will submit Form D81 with a consent order. If you cannot agree and need the court to decide, you will need to complete Form E as part of contested financial proceedings.
Form D81: Used when applying for a consent order. It provides a summary of both parties' financial details to help the judge assess whether the settlement is fair. It is typically used in uncontested financial agreements where both parties have already agreed on a division of assets.
Form E: A much more detailed financial disclosure document required in contested financial proceedings. It is used when couples cannot agree on a financial settlement and need the court to decide. It includes detailed breakdowns of income, expenses, assets, and debts, often requiring supporting documents like bank statements and valuations.
FAQ
Can I complete a D81 form myself?
Yes, but legal advice is recommended to ensure accuracy and compliance with court requirements.
What if my ex-partner refuses to complete the D81 form?
The court may reject the consent order if full financial disclosure is not provided.
Can the court reject a consent order based on the D81 form?
Yes, if the judge finds the settlement unfair or incomplete, they may ask for revisions.
Final thoughts
Form D81 plays a vital role in making sure financial agreements in divorce are fair and legally binding. Providing full and accurate financial details can help prevent delays and disputes. If you're unsure about completing the form, seeking legal advice can ensure your settlement is fair and approved without complications.