So what is this Form D81?....
Form D81 is the form used in family law proceedings to provide a summary of the financial situation of both parties in a divorce or dissolution of a civil partnership, and is used when the parties have reached agreement and are asking the court to make a Consent Order.
The form must be completed accurately and truthfully, as it forms the basis for the Court to make decisions regarding the financial settlement agreed and whether to make the proposed Order or not.
The form is completed and sent to the Court when the draft Financial Consent Order is submitted, and shows the Court details of the parties respective financial situations. It also sets out the impact of the proposed Order post settlement so the Court can see the "Net Effect" of what is being proposed. You cannot apply for a Consent Order, however, until the Conditional Order of Divorce has been granted (formerly Decree Nisi).
What information is provided on a D81?
The D81 is also known as a "Statement of Information for a Consent Order in relation to a Financial Remedy" and includes more information than just a breakdown of your financial circumstances.
The information must be as up to date as possible. Form D81 sets out details as to your respective income, capital and pension positions as they currently stand, and as they will be if the court go on to make the Order requested.
You are also asked to set out details as to how you have reached the agreement, whether there are likely to be any changes to your future income, explanation of the proposed financial settlement (especially if the Order requested is unusual in some respect), future living arrangements of both yourself, your former partner, and the children, and details of any new relationships or intention to cohabit of either party etc.
The information provided in Form D81 is confidential, and will only be seen by the parties themselves, their legal representatives, and the court.
The D81 is mandatory when submitting a draft Consent Order to the Court for approval/sealing.
Whilst it is not necessary to have a solicitor complete the D81 on your behalf, you will need a solicitor to draft the actual Consent Order itself. Often parties choose to ask a solicitor to complete the D81 on their behalf also, but this can also only be done once the solicitor has been made aware of the full financial circumstances.
Distinction between form E and form D81
A Form E is used when you are disclosing your finances to each other, and is one of the methods of financial disclosure. It is normally completed either when the parties are in litigation, or is completed on a voluntary basis to assist the parties in reaching an agreement.
The Form D81 is used once agreement has been reached and you are asking the court to make an Order reflecting the terms of the agreement.
You may therefore use both forms as part of the divorce process, usually at different times. The information on the D81 is different from that of Form E, as the D81 is completed at the time the Consent Order is lodged with the court, and therefore it will serve to update the information contained in your Form E. It is important that you are honest and as accurate as possible when completing the D81, and that the financial situation as it currently stands, and the future proposed outcome of your agreed proposals, is set out clearly on the form.
If you are in the process of agreeing your financial arrangements following on from your decision to divorce, and need help with the formalities of converting the agreement into a Court Order, please do not hesitate to contact us.