What is a D81 form in divorce?
A D81 form, also known as a Statement of Information form, provides the courts with an overview of each spouse’s financial position. This information is used during the divorce process to assess whether the arrangement of how assets are split in divorce is fair and reasonable before making it legally binding in a financial consent order.
Why do I need a D81 form?
A court will not grant a financial consent order without a completed D81 form. This is because a judge has a legal duty under Section 25 of the Matrimonial Causes Act 1973 to ensure that your financial agreement is fair and that both parties can meet their future needs.
The D81 provides the court with a financial summary that includes:
- Transparency: It showcases your current financial standing (interest in property, other capital such as savings, investments and business interests, liabilities, income, and pensions) compared to what your position will be after you and your ex have split assets.
- The ‘net effect’: This allows the judge to see the practicalities of the agreement. For example, if one spouse is getting the house in the divorce but has no income, the judge will use the D81 to see if that spouse can actually afford to pay the mortgage on their own.
- Understanding the split: Sometimes assets are split 50/50 in divorce, and other times there is a departure from equality, so the D81 form allows the judge to understand why a departure has been made from this and, for example, a 60/40 split has been agreed upon.
- Protection for children: If you and your spouse have children, the judge will look over the D81 to ensure that their housing and maintenance needs are prioritised.
- A statement of truth: By signing the D81, both parties confirm they have made a full and frank disclosure of their financial standing. If it is later discovered that someone hid financial assets on this divorce form, the entire consent order can be overturned by the court.
When in proceedings do I need to complete a D81 form?
The D81 form should be submitted as part of your consent order, after the conditional order (previously known as a decree nisi) has been reached.
A court needs the context that your D81 provides to ensure the financial agreement you and your spouse have made is fair and reasonable.
Solicitor’s tip: We recommend that clients complete both of these before applying for the final order. This way, your financial standing is protected.
Can I get divorced without a Form D81?
Technically, yes. However, in divorces where couples want to ensure their financial agreement is legally binding with a consent order, a D81 is necessary.
If you don’t have a consent order approved and sealed by the court, it could have negative consequences, such as your spouse being able to make financial claims against you, even years after your divorce is complete.
Judit Kerese, Senior Associate at our family law office in Worcester, says:
“We always recommend that you obtain a financial order to ensure that any agreement you have in place is legally binding.
“Agreeing to deal with matters amicably by entering into a consent order and completing a D81 form is the most cost- and time-effective way to resolve matrimonial finances.”
What is the difference between a form E and D81?
A form E is used at the negotiation phase, whereas a form D81 is used once you have reached a financial settlement to seek the court’s approval. Both a form D81 and E are financial disclosure documents, but they serve different purposes.
What about a form D81 and D84?
Both a form D84 and a D81 need to be completed towards the end of divorce proceedings, but what they deal with is very different. A D81 form is for finances, whereas a D84 is about the status of your marriage.
What information is needed for a judge when filling out a form D81?
For the D81 form, both spouses must provide full and frank financial disclosure. This includes:
- Income: Salary, any benefits, plus any other sources of regular income
- Capital: Savings, investments, property, and any other significant assets
- Liabilities: Loans, mortgages, credit card debts, and any other financial obligations
- New relationships: Confirmation of any new relationships – whether through cohabitation or remarrying
- Pensions: Every pension each party has, including any private ones, as well as their cash equivalent value
- Who is keeping what asset: A list of which party is keeping what asset, and what the other is receiving as per the financial consent order
Solicitor’s tip: This information must be up-to-date, exhaustive, and complete, as the court uses this information to assess the fairness of your settlement.
How long does it take to complete the D81?
There isn’t a definitive length of time it takes to complete a D81 form as it depends how long it takes you and your spouse to gather the necessary information. As it is a 23-page document, ensuring you have everything you need could take a while.
The D81 form is known as a composite application, which means you both complete the same form with your respective details. So, one spouse could delay the application from being submitted if they do not gather their own information quickly enough. It is only in rare circumstances that separate D81 forms are completed, and if you wish to do this, you have to explain to the court why.
What common issues do people make when completing a form D81?
Typically, the most common issues people make when filling out a D81 include:
- Not disclosing all assets: Even forgetting to include a small account can lead to your D81 being delayed or rejected.
- Outdated information: Providing outdated data that is no longer relevant can also lead to delays or rejections.
- Inconsistencies with your consent order: It’s essential that the figures in both your D81 and financial consent order match.
- Errors: Any errors in the form can lead to further questions, delays, and rejection.
- Not disclosing your new relationship: Fully disclosing your new circumstances is essential, even if you don’t think it will have an impact on your financial standing.
How long do the courts take to accept a form D81?
Typically, the courts take between 4-6 weeks to approve a D81 form. This is because the judge has to physically review the document to ensure it is a fair split of wealth and assets.
Any information missing from your application could lead to extra delays.
Can I complete the D81 form without a solicitor?
Technically, yes. However, we do not advise this as any mistakes made could lead to delays or rejection, which could increase how much your divorce costs. Obtaining legal advice when completing your D81 form can ensure that everything is fully disclosed and submitted accurately.
If you need a solicitor to help, our experts are here. We’ve been helping individuals and families across the UK for over 50 years, so you’re in safe hands with us. Either complete our online form or call us on 0330 159 9449.
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