Once you have come to an agreement with your ex in respect of the matrimonial finances and a consent order has been drawn up, it can be frustrating that you are then asked to complete the D81 form with 23 pages and the catchy but explanative title Statement of Information for a Consent Order in Relation to a Financial Remedy. This can feel like a backwards step as you have an agreement that you simply want the court to approve. The purpose of this form however is to help the court understand the agreement you have reached and what the impact of it will be in practical terms on both parties once it is implemented.
Where agreement is reached outside of a hearing, the judge on receipt of the parties’ consent order, has no idea if the agreement they are being asked to approve is fair. The D81 form is to give the judge an overview understanding of the matrimonial finances. The D81 sets out a brief background to the parties’ situation and then sets out the parties’ assets both capital and income, in a summary format. Firstly the D81 is showing how the assets are held prior to the order being implemented, and then it is showing how the implementation will change the asset distribution between the parties. In some cases the figures will be the same in both sections if there are going to be no adjustments.
It is important that all assets are included on the form, even those which are not being shared, as without their inclusion the judge will not have a clear picture of whether the agreement is fair. Also if assets are not included then this could be a reason for the consent order being relooked at by the court in the future, as there is a statement of truth which both parties have to sign to confirm that they have provided all of the relevant information.
The form allows the parties to include narrative as to why they have reached a particular agreement to help the judge understand the circumstances and the reasoning behind the asset distribution.
The court requires a fully completed D81 form to be lodged at the same time as the consent order. Though parties can lodge their own versions of the form, the court expects both parties where possible to submit one composite form which again assists the judge as the judge is not having to try to reconcile two competing sets of information.
Though the D81 can seem daunting and unnecessary, without it a judge, who otherwise has no knowledge of the matrimonial assets, would be unable to properly ascertain whether an agreement put before them is fair.
For more information on matrimonial matters or to find out how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.