The Form D81 is a form used within family law proceedings in England and Wales. The form is also known as a “Statement of Information for a Consent Order in relation to financial remedy form”.
When parties divorce and reach an agreement in respect of the division of matrimonial assets, the agreement should be recorded into a financial Consent Order. The financial Consent Order is sent to the court for approval to become legally binding. When sending the financial Consent Order to the court for approval, the Form D81 is required by the Judge in support.
What information does the D81 provide and why is it needed?
The D81 provides the court with an accurate picture of the party’s financial positions at the time of the submission of the financial Consent Order, and how the party’s financial positions will change if the agreement is implemented upon approval by the court.
The D81 gives details of the party’s capital assets including equity in property, savings and investments, and pensions, as well as any liabilities, as examples. It also provides details of the party’s income positions, which can include salary, benefits, rental income, payment of child maintenance and/or spousal maintenance payments, and any other income received.
There is a provision within the D81 for the parties to provide further information about the division of assets to the court. This is useful to explain to the court why some assets may have been divided in a certain way and helps the court decide whether the financial and property arrangements are fair.
Both parties are required to provide accurate financial disclosure to one another and the court. It is therefore essential that the D81 is completed carefully and accurately.
Both parties can complete the same form. Both parties are required to sign the form as well as a Statement of Truth.
Is a D81 compulsory?
The D81 is compulsory for any couple who wishes to settle their finances by way of a Consent Order.
It is therefore compulsory to complete a D81 when sending the financial Consent Order to the court. If a D81 is not provided to the court, the court cannot consider or approve the financial Consent Order.
Only the parties, their solicitors and the court will see the D81.
Is a D81 different to a Form E?
The Form D81 differs from a Form E. The Form E is used to assist parties when reaching an agreement in respect of the division of matrimonial assets, whereas the D81 provides the information to the court about the matrimonial assets and how they will be divided.
It is essential for parties to consult with experienced family law solicitors who can provide guidance on how to navigate the complex legal complexities of a divorce and financial settlement, ensuring that their rights and interests are protected throughout the process.
At Rayden Solicitors, we can provide tailored legal advice, support the collection of relevant evidence, and advocate for our client’s position during court proceedings.
If you require legal advice in relation to financial remedy proceedings, please do not hesitate to get in touch with one of our specialist solicitors.
