What is Form D81 – Divorce

This form provides information about both parties’ financial circumstances to support an application for a consent order.

When is a D81 form required?

Getting a divorce does not end the financial obligations of couples. So, unless you obtain a consent order to finalise the finances, there would be nothing stopping the other party from bringing a financial claim at any point in the future (unless they remarry). When the court is asked to approve a consent order, they will need to review the elements making up the couple’s financial circumstances who are divorcing or dissolving their civil partnership. The judge can then assess whether the agreement that the parties have reached is fair and reasonable in all the circumstances of the case.

Form D81 is part of this final process. It supports an application for a consent order or a financial remedy order.

How does the new D81 form work?

The form requires significant detail, particularly as to the parties’ current financial situation or income.

Parties are now required to submit information as to the impact of child support assessment by the CMS and what the impact will be of interim spousal maintenance. The new D81 form also provides an agreement of interim maintenance orders, which is hoped will speed up such approvals.

Regarding capital orders, parties will be required to describe in some detail:

1. the extent of any departures from equality and, where they exist;

2. to explain them

Additionally, parties will be expected to apply the same level of detail as to the net effect of maintenance proposals. When completing these forms, it is important to include information about why you have come to the financial split you have decided on so that a judge can agree that it is fair and understand what you are agreeing to. Typically, one of the most common reasons a court returns a proposed consent order is the failure to explain a significant departure from equality, especially if parties have not sought legal representation.

Another new requirement relates to the level of detail required if the proposed consent order includes a clean break – when you and your partner are both in complete agreement regarding your financial commitments, have no spousal payments and you both wish to be financially separate after your separation. In these cases, parties must explain why that income clean break is fair and how parties will meet their own future income needs.

The D81 form also requires parties to provide a greater level of information regarding living arrangements, including:

• where each will live in the future,

• where their children will live,

• information on who will own their property and who will be renting.

The increased level of detail required seems intended to ensure such arrangements are fair and do not involve significant housing inequality between the parties’ future housing, especially where children are involved.

What happens once the D81 Divorce form is completed?

Once parties have completed the forms and the terms agreed to, all the information will be sent to the court for approval. The court will still need to approve the agreement and be satisfied that the agreement is fair based on the parties’ circumstances.

As mentioned above, the Court could return the agreement unapproved, due to inadequate information in the application.

Family Law Advice

Now more than ever, consent orders require a high level of care and attention. It is essential you seek specialist family law advice to ensure that your future financial position and legal rights are protected.

Furthermore, seeking appropriate legal advice shows the court that you have had the contents explained to you and ensures you are fully aware of what agreement you will be legally bound by. The court is more likely to approve a consent order if both parties have had independent legal advice.

We realise that communication between you and your spouse may be strained, and you will want help negotiating the terms of your consent order.

For further advice on divorce and other aspects of family law, please get in touch with our Family Law team today by calling 01685 373721 or email info@rjmsolicitors.co.uk