How to Fill in a Form D81

The information contained in a Form D81 enables the court to assess whether the terms of a proposed Consent Order are fair, reasonable, and in line with both parties’ financial capabilities and needs, in the context of that couple’s specific

circumstances. The form includes information about each party’s income, assets, liabilities, pensions, and other relevant financial details.

Additionally, it outlines how the financial arrangements will be structured both before and after the proposed settlement is implemented. This ensures transparency and helps the court to make an informed decision. All financial consent orders must be approved by a judge before they are sealed into legally binding orders; they are not automatically ‘rubber stamped’ on submission.

Completing the Form Accurately

Each party is required to complete their own information in the Form D81, ensuring that all financial details are fully disclosed and accurate. It’s crucial that the information provided is truthful and reflects the true financial situation of both individuals, as any discrepancies could lead to complications in the court’s decision- making process. The form is organised into several sections, including details of current income, property, savings, debts, pensions, and any anticipated changes that will occur as a result of the settlement. Additionally, there is space for both parties to explain the reasoning behind their agreement, including whether legal advice was sought or taken into consideration.

When filling out the form, it’s important to include figures for any assets held jointly or separately. You must also clearly outline the net effect of the agreement upon these assets. While the consent order itself will set out the mechanics of the agreement reached (including the transfer or sale of property, or pension sharing arrangements, as relevant) there is an opportunity to provide an explanation for how the agreed settlement has been reached if you wish. This level of transparency is essential for the court to assess whether the settlement is fair and reasonable for both parties.

Common Issues and Mistakes to Avoid

Failing to disclose assets, undervaluing property or pensions, or omitting debts can lead to significant delays in the process or even cause the court to reject the application altogether. Before they can approve a Consent Order, the judge must be satisfied that it is fair to both individuals involved, and will provide for them both reasonably moving forward. If there are any concerns that information has been left out or misrepresented, the court may ask for additional clarification or supporting documentation.

Both parties are required to sign the Form D81, affirming that the details provided are accurate and true to the best of their knowledge. If either party fails to submit a complete or signed form, the application for a Consent Order may be returned, further delaying the resolution of the matter. This emphasises the importance of ensuring that the form is filled out correctly and submitted in its entirety.