Among the essential documents required during divorce proceedings is the D81 form. For many individuals navigating divorce or ending a civil partnership, understanding whether this form is mandatory, who must complete it, and the consequences of not doing so is helpful. This article will explore the purpose of the D81 form, when it is mandatory, who should complete it, and the potential consequences of incorrect or incomplete information.

What is the D81 form?

The D81 form is formally known as the Statement of Information for a Consent Order. It is a legal document that is used when a divorcing couple seeks approval from the court for a financial settlement. The form outlines the financial circumstances of both parties, allowing the court to assess whether the agreed-upon financial arrangements between the couple are fair and reasonable.

The D81 form captures key financial details such as:

  • Income of both parties
  • Assets, including property, savings, and investments
  • Debts or liabilities
  • Pension provisions
  • Any other relevant financial information that might affect the fairness of the settlement.

This information allows the court to evaluate the financial agreement and ensure that it does not unfairly disadvantage either party, especially when children are involved.

Is completing the D81 form mandatory?

Completion of the D81 form is usually required if the divorcing couple is seeking a consent order. When both parties have reached an agreement regarding their finances (for example, how to divide property, savings, or pensions), and they want to make that agreement legally binding a consent order is drawn up. This is sent to the court alongside the D81 form for  approval by a judge which makes the financial agreement final and enforceable.

In addition, if a couple wish to have a “clean break” financial order — meaning that neither party will have any further financial claims against the other in the future — they must also complete a D81 form to inform the court of their financial situation at the time of the divorce.

When is the D81 form not required?

Parties may decide not to use the D81 form when:

  • They believe they do not have any financial matters to settle, for instance, in a short marriage with no assets
  • A financial order is not being sought, and the couple has chosen to handle their finances outside of the court process.

Care should be taken in the above circumstances. Failing to deal with the finances by obtaining a clean break order, even if there are no matrimonial assets to divide, will leave the door open to potential financial claims against one another in the future.

Do both parties have to complete the D81 form?

Both parties must complete and sign the D81 form. The form is designed to be a joint statement of financial information, meaning that each party’s financial details are combined in a single form.

Typically, one party completes the form, and the other party must review it, verify the accuracy of their own financial details, and sign it as confirmation. The signatures of both parties serve as an affirmation that the information provided is accurate to the best of their knowledge.

In cases where one party refuses to fill out or sign the D81 form, the court may still proceed with the case, but this could delay approval of any financial settlements, as the court would need complete information to make an informed judgment.

What happens if the D81 Form is not completed?

If the D81 form is not completed, several potential consequences may arise, depending on the stage of the divorce process and whether a financial order is being sought:

  • The court cannot approve a consent order or clean break order without a completed D81 form. This would delay finalising the financial settlement, which in turn delays the end of the divorce process.
  • Delays in the process can lead to additional legal expenses, as solicitors may need to engage further with both parties to ensure the form is completed.
  • If financial matters are left unresolved, the divorce itself may be delayed because, in many cases, financial orders are integral to the finalisation of the divorce.

If both parties agree on the financial settlement but do not complete the D81 form, the court may either reject the settlement or require further financial disclosure before proceeding.

What happens if information in the D81 form is suspected to be inaccurate?

Inaccuracy or misrepresentation in the D81 form is a serious matter. Both parties are expected to provide full and honest disclosure of their financial circumstances. If one party suspects that the other has provided false, misleading, or incomplete information, there are a number of options:

  • If the consent order has not yet been approved, the court can be asked to investigate the matter further. This might include a requirement for the parties to provide additional documentation or evidence to support their financial declarations.
  • If it is discovered after the consent order has been approved that one party provided false or incomplete information, the other party can apply to have the consent order set aside. This essentially means that the financial settlement can be overturned, and new arrangements will need to be made.
  • Deliberate failure to disclose relevant financial information can result in a reassessment of the financial settlement and potential legal penalties. The court expects transparency, and dishonesty can undermine the validity of the consent order.

What could make a D81 form invalid?

Several issues could render a D81 form invalid. If significant financial details are omitted or inaccurately represented, the court may reject the form. Both parties need to ensure that all relevant assets, debts, and income are disclosed.

The form must be signed by both parties to confirm the accuracy of the information provided. Without both signatures, the form is considered incomplete.

If the court deems the information provided is insufficient for making the order, it may request additional documentation (such as bank statements or pension valuations) to verify the information provided in the D81 form. If this information is not forthcoming, the court could deem the form invalid.

Should there be a suspicion that one party is attempting to conceal assets or provide false information, it may invalidate the form and require the submission of new, accurate financial statements.


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