Why the D81 Form Causes So Many Consent Order Applications to Stall

Reaching an Agreement Is Only Half the Process

We are seeing an increasing number of people dealing with their own divorce and reaching what is sometimes called a kitchen-table agreement.

This is where a separating couple discusses their finances directly and agrees between themselves what should happen to their property, savings, pensions, debts and other assets.

In many cases, the parties have managed to agree everything without lengthy solicitor negotiations or court proceedings.

They may have agreed:

• Who will remain in or retain the family home.
• Whether the property will be sold.
• How the equity in a property will be divided.
• What will happen to savings and investments.
• Whether pensions will be shared.
• Who will be responsible for particular debts.
• Whether there will be a clean break.

One party then purchases a consent order service so that the agreement can be converted into a legally drafted document and submitted to the Family Court for approval.

Everything appears to be progressing well.

Then the D81 form is introduced.

Suddenly, the other party stops responding. Emails are ignored, messages go unanswered and the consent order application comes to a halt.

This is an increasingly common problem, particularly where the person who did not arrange the consent order service was unaware that they would need to provide financial information.

What Is a D81 Form?

The D81 is formally known as the Statement of Information for a Consent Order in Relation to a Financial Remedy.

It provides the Family Court with a summary of the financial circumstances of both parties. The judge considers this information alongside the proposed consent order when deciding whether the agreement appears fair.

A D81 commonly includes information about:

• The ages of both parties.
• The ages of any relevant children.
• Current and future housing arrangements.
• Property values and outstanding mortgages.
• Savings and investments.
• Pension values.
• Debts and other liabilities.
• Income from employment or self-employment.
• Benefits and other sources of income.
• Whether either party has remarried or intends to remarry.
• The effect of the proposed consent order on each party.

The form allows the judge to compare each person’s position before and after the proposed order takes effect.

Why Is the D81 Needed If We Have Already Agreed?

A financial agreement made privately between former spouses is not automatically legally binding.

To make the agreement legally binding and enforceable, it will usually need to be recorded in a properly drafted consent order and approved by the Family Court.

The court does not simply approve every agreement placed before it. A judge must consider whether the proposed arrangements appear fair in the circumstances.

The D81 provides the financial context the judge needs to carry out that assessment.

The judge is not normally attempting to renegotiate an agreement for the parties. However, the court must have sufficient information to understand the effect of the proposed order before approving it.

Why Do People Disengage When They Receive a D81?

In our experience, disengagement is often caused by a lack of preparation rather than a genuine change of mind about the settlement.

The person receiving the D81 may not have been told that financial disclosure would form part of the process. What they believed would involve simply signing an agreed order suddenly appears to have become much more formal.

They Did Not Expect to Provide Financial Information

Some people assume that financial information is only required when a divorce is contested.

They may believe that because both parties have reached an agreement, there is no need to tell the court about their assets, pensions or income.

The arrival of the D81 can therefore feel unexpected and intrusive, even though it is a standard part of the consent order process.

They Are Concerned About Financial Privacy

A party may be uncomfortable recording details of their financial position in a court document.

They may worry that their former spouse will gain access to information that has not previously been discussed or that the information will become publicly available.

It is important to explain the purpose of the form before it is sent. The D81 is provided as part of the Family Court application and is used to help the judge assess the proposed settlement.

They Fear the Agreement Will Be Reopened

Another common concern is that completing the form will cause the existing agreement to be challenged or changed.

A person may worry that disclosing a higher income, a pension or additional savings will encourage their former spouse to ask for more.

Ideally, both parties should already have exchanged enough information to make an informed agreement before the consent order is drafted. The D81 should not be the first occasion on which important assets are revealed.

The Process Suddenly Feels Too Legal

Kitchen-table agreements are often reached through informal conversations, messages or emails.

Official court forms can make the process feel more serious and complicated than one party expected. Legal terminology and questions about assets, income and future circumstances can cause someone to withdraw from the process.

They Do Not Understand Why Their Cooperation Is Still Needed

One party may believe that because the divorce itself has been completed, there is nothing further they need to do.

Divorce proceedings and financial arrangements are separate issues. Obtaining a Final Order in the divorce does not, by itself, dismiss future financial claims or make a private financial agreement legally binding.

They Have Simply Lost Momentum

Divorce can be emotionally exhausting.

Once the main agreement has been reached, people may mentally regard the matter as finished. Completing another form, locating pension information and checking financial figures may be pushed down their list of priorities.

Unfortunately, the consent order cannot usually be completed without their continued cooperation.

Is the D81 Full Financial Disclosure?

The D81 provides the court with a summary of the parties’ financial circumstances. It is not the same as the detailed Form E disclosure commonly used in contested financial remedy proceedings.

However, this does not mean that approximate or misleading information should be provided.

The figures should be accurate, complete and based on up-to-date information. Each party should understand the other’s financial position before agreeing to a legally binding settlement.

Depending on the circumstances, relevant documents may include:

• Recent mortgage statements.
• Property valuations.
• Bank and savings balances.
• Pension valuations.
• Investment statements.
• Loan and credit card balances.
• Payslips or business income information.

What Happens If My Ex Refuses to Complete the D81?

A consent order depends on both parties continuing to cooperate.

If your former spouse refuses to provide the required financial information or sign the relevant documents, the application will usually be delayed and may be unable to proceed by consent.

The first step is normally to identify why they are refusing.

They may:

• Not understand what the D81 is.
• Be concerned about sharing financial information.
• Disagree with one part of the proposed settlement.
• Believe the agreement has changed.
• Need help obtaining pension or property figures.
• Have misunderstood the legal effect of the consent order.

A clear explanation of the form and its purpose may resolve the problem.

If the other party has genuinely withdrawn their agreement, the matter may no longer be capable of proceeding as a consent application. Independent legal advice may then be required regarding the available options.

How to Prevent the D81 From Delaying Your Consent Order

The best time to discuss the D81 is before a consent order service is purchased or drafting begins.

Both parties should be told clearly that:

• A private financial agreement is not automatically legally binding.
• The agreement must be converted into a properly drafted consent order.
• The court will need information about both parties’ financial positions.
• Both parties will need to cooperate with the D81 process.
• Accurate figures for property, savings, pensions, debts and income may be needed.
• Both parties must remain engaged until the order has been approved.
• The judge may ask questions or request additional information.

Setting these expectations early reduces the likelihood of the other party feeling surprised or pressured when the form arrives.

Information to Gather Before Starting

Before beginning the consent order process, each party should gather their key financial information.

This may include:

• Estimated property values.
• Current mortgage redemption figures.
• Bank and savings balances.
• Investment values.
• Cash Equivalent Transfer Values for relevant pensions.
• Current debt balances.
• Gross and net income information.
• Details of benefits or maintenance received.
• Expected housing arrangements after the settlement.

Gathering this information before drafting begins can significantly reduce delays.

Do Not Present the D81 as an Unexpected Demand

The way the form is introduced can make a significant difference.

Sending an unexplained court form to a former spouse with a demand that it be completed immediately is unlikely to encourage cooperation.

Instead, explain that:

• The form is a standard part of applying for a consent order.
• Its purpose is to give the judge a financial overview.
• It does not automatically mean the agreement is being reopened.
• Accurate information is required from both parties.
• The application cannot normally be completed without their involvement.

A short conversation before the form is issued can prevent weeks or months of delay.

The D81 Should Not Be the First Financial Conversation

A consent order should be based on an informed agreement.

Ideally, both parties should understand the broad value of the property, savings, pensions, investments and debts before deciding how those assets will be divided.

Where important information has not been discussed, the arrival of the D81 may expose gaps in the original agreement.

For example, one party may discover that:

• A pension is worth significantly more than expected.
• The equity in a property has been underestimated.
• There are savings or investments they did not know about.
• A proposed clean break would leave them without suitable housing.
• The agreement does not deal with all relevant debts or assets.

In those circumstances, the issue is not simply reluctance to complete a form. The parties may need to reconsider whether the agreement remains appropriate.

Can the Court Refuse to Approve a Consent Order?

Yes. A judge is not required to approve an agreement simply because both parties have signed it.

The court may raise questions if the proposed outcome appears unclear, incomplete or potentially unfair.

The judge may request:

• Further information about particular assets.
• An explanation of how the agreement was reached.
• Updated financial figures.
• Clarification of housing arrangements.
• Changes to the wording of the draft consent order.
• Additional pension documentation.

This does not necessarily mean that the application has failed. It may simply mean that further information or amendments are required before the court can approve it.

Why a Legally Binding Consent Order Matters

Some couples decide not to continue when the D81 becomes difficult, particularly where they have already transferred money or divided their assets.

However, relying solely on an informal agreement can leave both parties exposed.

Without an approved financial order:

• The agreement may not be enforceable in the same way as a court order.
• Financial claims may remain open.
• Disputes may arise over what was originally agreed.
• Problems may emerge when a property is sold or transferred.
• Pension arrangements may not be implemented.
• Future changes in wealth may create further conflict.

A properly drafted and approved consent order provides clarity and records the agreed financial outcome in a legally binding form.

Final Thoughts

Reaching a kitchen-table agreement can save separating couples considerable time, stress and expense.

However, reaching the agreement is not the end of the process.

Both parties must remain engaged while the agreement is drafted, the financial information is prepared and the application is considered by the court.

The D81 is often the point at which an apparently amicable case begins to stall. In many cases, this is not because the financial agreement has broken down, but because one person was not properly prepared for the paperwork that would follow.

Before starting a consent order application, make sure both parties understand:

• What the D81 is.
• Why financial information is required.
• What documents and figures they may need.
• Why their continued cooperation is essential.

A clear conversation at the beginning can prevent the consent order from stalling at the final hurdle.