WHAT IS FORM D81 USED FOR?

Form D81 is a statement of support form (also known as a statement of information form) which details yours and your ex-partners finances. It is sent to the family court when you and your ex-partner are making an application to the court to formalise/approve a draft financial consent agreement into a legally binding financial consent order (a financial court order reached by consent). Form D81 will help the judge determine whether your draft financial consent agreement that has been written up is fair to both parties.

Lets recap what is a draft consent agreement – when you and your ex-partner reach an agreement between yourselves or through mediation over how your marital assets, finances, and pensions are going to be divided between you both, this agreement and all the decision made will be written up on a piece of paper called a draft financial consent agreement (also called a draft consent order or an informal agreement). This draft financial consent agreement is often written by a solicitor but it can be written by yourselves using a template. As stated above this draft financial consent agreement is then sent to the relevant family court to be converted into a legal final order called a financial consent order which will contain the court stamp, the mandatory court warnings, and the penal notices. 

A draft consent agreement is like a guide that will assist court staff to write the legally binding consent order.

You will need to attach this draft consent agreement to form A, which is the application form to start court proceedings for division of marital assets and finances. On page 1 of form A, please tick the box -‘Additional information – are you applying for an order by consent in terms of written agreement?’

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

LINK TO OUR L.I.P HELP GUIDE YOUR DRAFT CONSENT AGREEMENT EXPLAINED (ALSO CALLED A DRAFT CONSENT ORDER AND AN INFORMAL AGREEMENT)

The court can only formalise/approve your draft consent agreement once they have issued a conditional order, decree nisi certificate, decree of nullity order or a separation order. Once the court has approved your draft consent agreement into a consent order, it will only come into force once the court has issued a final order or a decree absolute certificate.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM D81?

There are no specific government guides for form D81 at present.

You can email HMCTS Financial Remedy Service and ask a question. Their email address is ContactFinancialRemedy@justice.gov.uk

WHAT IS THE FEE TO SEND FORM D81 TO THE COURT AND HOW TO PAY FOR IT?

There is no fee to submit form D81 to the court. 

HOW TO COMPLETE FORM D81 AND WHERE TO SEND IT.

• NOTE 1 – Form D81 can only be submitted to the court with a draft financial consent agreement once you or your ex-partner have completed and submitted a form A. You can submit form D81 and your draft financial consent agreement at the same time as form A if you wish.  
• NOTE 2  – The ex-partner who completes the initial form A – the form used to start court proceedings for a financial court order – is known as the applicant or petitioner. The other ex-partner is known as the respondent.
• NOTE 3 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  4 – If you find there is not enough space to complete your answers on your form then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 5 – Please keep a copy of your form D81, all evidence and attachments for yourself outside of the ones you send to the family court.
• Form D81 is 23 pages long.
• On the top of page 1 you will be asked to write down the name of the court, your case number and the full name of the applicant and the respondent.
• Page 1 will also ask you whether you and your ex-partner are completing one form D81 jointly or are you sending in separate D81 forms. If you are sending separate forms D81 you must write down the reason in the relevant box. You must also confirm that both you and your ex-partner have read parts 23 and 24 of each others forms.  
• Part 1 on page 2 will ask you the date of your marriage or when you both formed a civil partnership. You will also be asked the date when you and your ex-partner started living together permanently if this date was earlier than your marriage/civil partnership date.
• Part 2 will ask you what date did you both separate.
• Part 3 will ask you what date did the court grant your conditional order/decree nisi certificate/decree of nullity order /separation order. As stated above the court must have issued a conditional order, a decree nisi certificate, a decree of nullity order or a separation order for the court to formalise/approve your draft consent agreement into a consent order. The exceptions are  –
  • • If you are applying for interim maintenance such as a maintenance pending suit or interim periodical payments or an interim variation of an order for periodical payments. 
    • A final order which varies an existing periodical payments order.
    • A final order for child maintenance.

Please also note as stated above this court approved consent order will only come into force when the court has issued your final order/decree absolute certificate.

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A CONDITIONAL ORDER.

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A DECREE NISI CERTIFICATE.

LINK TO OUR L.I.P HELP GUIDE FOR FINANCIAL TERMS AND FINANCIAL COURT ORDERS EXPLAINED.

• Part 4 will ask you if the consent order you are asking for is for interim maintenance.
• Part 5 will ask you is the court has granted a final order or a decree absolute certificate for divorce. If the answer is yes then you must write the date it was granted in the relevant box. 

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A FINAL ORDER

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A DECREE ABSOLUTE CERTIFICATE

• Part 6 will ask for yours and your ex-partners date of birth. You will also be asked for the full names and date of births of the children in the family aged under 18 years or dependent upon the family. If you need more space please continue on a separate sheet of paper and attach it to your form D81. Please remember to wrier your full name, date of birth and question number on the sheet of paper.
• Part 7 will ask you how you and your ex-partner reached the agreements made in your draft consent order. You must tick the relevant box and give details if required.
• Part 8 will ask you details about your money and property. If you need more space continue on a separate sheet and attach it to your form D81. Please write your personal details on the top of the sheet.
• Part 9 will ask about your net income.
• Part 10 will ask you details about your property and money AFTER the implementation of your proposed draft consent order. This will show the impact of your proposed draft consent order and the position you and your ex-partner will be in.
• Part 11 will ask you about your net income AFTER the implementation of your proposed draft consent order. This will show the impact of your proposed draft consent order and the position you and your ex-partner will be in
• Part 12 is asking you if there are any other matters relating to your proposed draft consent order the court should consider such as medical conditions, pre-nuptial agreements or a significant change of circumstances. Please continue on a separate sheet if required and attach it to your form D81. 
• On the right hand side of part 12, at the bottom of page 14 the form is asking you that if you have a pension valuation which is different from the cash equivalent value set out in parts 8 and 10 row F you must write down the details here in part 12. If your state pension is not in payment you must detail here your expected entitlement. 
• Part 13 is asking you to details the reasons behind your proposed draft consent order and why you and your ex-partner have divided the assets, finances and pensions in the way you have.
• Part 14 will ask if you and your ex-partner have agreed to have a clean break order where no maintenance will be paid, then how will both you and your ex-partner support yourselves. Please click on the link below to understand a clean break order.

LINK TO OUR L.I.P HELP GUIDE FOR FINANCIAL TERMS AND FINANCIAL COURT ORDERS EXPLAINED 

• Part 15 will ask the address where you, your ex-partner and the children will live and under what basis will the property be occupied (owner, tenant). 
• Part 16 will ask you and your ex-partner to give details about any new relationships.
• Part 17 will ask whether you and your ex-partner intend to transfer property. If the answer is yes then you will need to answer parts 17.1 and 17,2.
• Parts 18, 19, 20, 21, 21.1, 22 and 22.1 will ask you about pension sharing and pensions compensation sharing. You will need to attach the correct paperwork.   
• Part 23 and 24 will ask both you and your ex-partner to sign the form.
• Page 21 will ask both of your to sign a statement of truth.
• Please remember to attach your draft consent agreement, extra sheets of paper and any other attachments such as pension paperwork.
• Page 23 lists the addresses where you can send your form A, form D81 and draft financial consent agreement if you are a litigant in person. There is also an email address for you to use if you need help. Alternatively you can send these to your local family court. 
• Please post signed for recorded delivery so you have proof of postage in case your paperwork gets lost.

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL COURT

WHERE CAN YOU FIND FORM D81/DOWNLOAD THIS FORM?

Please click on the link below to download form D81 from the government website. Complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM D81

WHEN WAS FORM D81 FIRST PUBLISHED AND LAST UPDATED?

Form D81 was first published by the government (HM Courts & Tribunals Service) on 01-04-2012 and last updated on 18-06-2024.