Form D81, the statement of information for a consent order in relation to a financial remedy, is the form on which divorcing spouses or civil partners in England and Wales set out their financial circumstances when they ask the Family Court to approve an agreed financial order. Form D81 is the “prescribed information” on which section 33A of the Matrimonial Causes Act 1973 allows the court to make a consent order without a hearing, and rule 9.26 of the Family Procedure Rules 2010 requires it to be filed with the draft order.[1][2][3] GOV.UK describes its purpose as helping “the court decide whether the financial and property arrangements you’ve made are fair”.[4]
The current version, D81 (04.25), is a single 23-page form completed by both parties. Form D81 records the marriage, the parties and children, each party’s capital, income and pensions before and after the proposed order, the net effect of the order, housing arrangements, new relationships, notice to mortgage lenders and pension schemes, and the parties’ reasons for the division they propose; each party signs a statement of truth.[5] The form was redesigned in February 2022, when the Financial Remedies Court directed that “the new form is to be used immediately”.[6] No Form E is needed for a consent order; the D81 replaces it for agreed cases.[2][7]
Definition and purpose
When spouses agree the division of their money and property on divorce, the court does not investigate their finances as it would in contested proceedings. Instead it relies on a summary that both parties certify to be true. The D81 is that summary. Its function is to give the judge enough information to carry out the “independent assessment” that the Supreme Court in Sharland v Sharland said the court must conduct before making a consent order, without requiring the exchange of full disclosure.[8][1]
The form is not a disclosure document in the sense that Form E is. It does not require bank statements, payslips or valuations to be attached, and the parties are expected to have exchanged whatever disclosure they need between themselves before completing it.[5][7] It is, however, the document against which any later allegation of non-disclosure is measured: a party who misstates or omits an asset on the D81 exposes the order to being set aside, and the Supreme Court in Gohil v Gohil held that the duty of disclosure is owed to the court and cannot be waived by the other spouse.[9][8]
Practical guidance on completing the form, as distinct from the law and procedure described here, is published by ConsentOrder.org.uk, an information site operated by Family Legal Ltd, the publisher of this wiki.[10]
Legal basis
Section 33A(1) of the Matrimonial Causes Act 1973 allows the court, on an application for a consent order, to “make an order in the terms agreed on the basis only of the prescribed information furnished with the application”, unless it has reason to think there are other circumstances into which it ought to inquire; “prescribed” means prescribed by rules of court.[1] Rule 9.26(1) of the Family Procedure Rules 2010 requires the applicant to file, with two copies of the draft order, “a statement of information in the form referred to in Practice Direction 5A”, and Practice Direction 5A lists that form as Form D81, “Statement of information for a Consent Order in relation to a financial remedy”.[2][3]
Rule 9.26(2) provides that where the parties’ information is contained in one form, both must sign the statement to certify that each has read the contents of the other’s information; rule 9.26(3) provides that where separate forms are used, each party signs the other’s.[2] Rule 9.26(5) allows the court, where the parties attend a hearing, to dispense with the statement and to direct that the information be given in another way.[2] Practice Direction 9A restates the general duty of the parties to give “full and honest disclosure to the other party of facts, information and documents”.[7]
When Form D81 is required
A D81 is required whenever a financial order is sought by consent in proceedings for divorce, dissolution, nullity or judicial separation, whether the order is a full division of assets or a bare clean break dismissing claims.[2] It is also required where a consent order is lodged after a private financial dispute resolution appointment; the Financial Remedies Court guide of March 2026 states that such an order must be accompanied by a D81.[11] Where the parties settle at a hearing in contested proceedings, in which Forms E have already been exchanged, the judge will often dispense with a D81 under rule 9.26(5), though a short composite schedule is usually expected.[2]
The D81 is filed with Form A, the notice of application for a financial order, on which the box confirming that the application is by consent is ticked, and with the £62 fee under fee 5.1 of the family fees order as shown in the EX50 fee list of 13 July 2026.[12][13][14] There is no separate fee for the form.
The sections of the form
D81 (04.25) has 23 numbered sections. In outline they cover: the marriage or civil partnership and its dates; the dates of birth of the parties and any relevant children; any financial agreements between the parties; each party’s current capital and income; money, property and net income before the order; capital and income after implementation of the proposed order; other matters relating to the order; the main reasons for the proposed division of assets; an explanation of any clean break dismissal of maintenance; living arrangements and property occupation; new relationships; notice to the mortgage provider; pension orders and notice to the pension arrangement; the proposed consent order; and each party’s confirmation, signature and statement of truth.[5]
| Sections | Heading | What is asked |
|---|---|---|
| 1 to 2 | Marriage and parties | Date of marriage or civil partnership, date of separation, stage the divorce has reached; dates of birth of both parties and of any children; where the children live and how they are supported[5] |
| 3 | Financial agreements | Whether there is a pre-nuptial, post-nuptial or separation agreement, and whether the order gives effect to it[5] |
| 4 to 6 | Position before the order | Each party’s capital (property, savings, investments, business interests, liabilities), pensions by cash equivalent value, and net income from all sources, in a tabular summary[5] |
| 7 to 9 | Position after the order | The same tables completed as they will stand once the order has been implemented, showing the effect of each transfer, lump sum and pension share; an optional net effect calculation from a spreadsheet may be attached[5] |
| 10 to 12 | Reasons | Other matters the court should know; the main reasons for the proposed division (for example “meeting a particular housing or other need, dividing assets equally”); and, where maintenance claims are dismissed, why the income clean break is fair and how each party will meet their needs[5] |
| 13 to 14 | Housing and relationships | Where each party and the children will live, who will own or rent the property; whether either party has remarried, formed a civil partnership, or intends to, or is cohabiting[5] |
| 15 to 18 | Third parties and pensions | Whether the mortgage lender has been notified of any transfer; details of any pension sharing or attachment order (or the Pension Protection Fund equivalent), and whether the pension arrangement or the PPF Board has been served[5] |
| 19 | Proposed order | Confirmation of the draft order being lodged and of any undertakings[5] |
| 20 to 23 | Confirmation and statements of truth | Each party confirms that they have read the other’s information, whether they have received legal advice, and signs a statement of truth[5] |
Every question is answered for both parties side by side. The form asks whether each party has taken independent legal advice; a negative answer is not a bar to approval, but it may lead the judge to look more closely at an order that appears one-sided.[5] Where the parties cannot agree on the contents of a joint form, or one party is unrepresented and reluctant to share a document, rule 9.26(3) permits separate statements, each signed by the other.[2]
The net effect tables
The feature that distinguishes the 2022 form from its predecessor is the pair of before-and-after tables. The parties set out their capital, pensions and net income as they stand, and then as they will stand once the order is implemented, so that the judge can see at a glance what percentage of the capital and pensions each party will hold and what income each will have.[5][15] The form invites the parties, if they wish, to attach “a net effect calculation from a spreadsheet on an additional sheet showing the financial outcome of the consent order”.[5]
The tables serve the section 25 exercise. The court must have regard to each party’s resources and needs, the standard of living during the marriage, the parties’ ages and the length of the marriage, and the contributions each has made; the after-order table shows whether the outcome meets each party’s housing and income needs, and the reasons section explains any departure from an equal division.[16] A commentary published when the form was introduced summarised the new requirement as to “describe in some detail” the extent of any departure from equality and to explain it.[15] The tables also make an income clean break testable: section 25A requires the court to consider whether the parties can adjust to the termination of their obligations without undue hardship, and the after-order income figures show whether they can.[17]
What the judge looks for
The judge reads the draft order against the D81 and asks whether the information discloses any circumstance into which the court “ought to inquire” before approving the order.[1] In practice this means checking that the figures in the two documents match; that the order deals with every asset shown, including pensions; that the after-order position leaves each party housed and able to meet their income needs; that any inequality is explained by a need, a contribution or an agreement; that a clean break is fair to both; that a mortgage lender or pension scheme affected by the order has been notified; and that any child of the family is provided for.[16][17][5] If satisfied, the judge approves the order without a hearing; if not, the judge raises queries, asks for amendments or lists a short hearing.[2][14]
The judge is not asked to decide whether the agreement is the one the court would have imposed. The parties may agree a division the court would not itself have ordered, and the court’s role is to be satisfied that the order is within the range of fair outcomes on the information given and that both parties understand it.[8][16] Because the review is on paper, the reasons section carries weight out of proportion to its length; a concise explanation that connects the division to a housing or income need usually answers the questions a judge would otherwise raise.[5]
Common queries and errors
The court does not publish statistics on consent orders returned with queries, but the design of the 2022 form was a direct response to the volume of them; the aim, in the words of a commentary at the time, was fewer returned orders and less judicial time spent on each.[15][6] The recurrent problems are those the form now asks about expressly.
| Problem | Why it prompts a query | How it is avoided |
|---|---|---|
| Figures in the D81 and the order do not match | The judge cannot tell what the order does to the parties’ positions | The after-order table is completed from the final draft of the order, and both are checked together before signing[5] |
| Pension left out, or shown without a cash equivalent value | Pensions are often the largest asset after the home; an unexplained disparity suggests a need that is not met | Each pension is listed with its cash equivalent value, obtained from the scheme, even where no sharing order is sought[5][16] |
| Unequal division with no reasons | Section 25 requires a fair outcome; equality is the usual starting point in a longer marriage | The reasons section explains the departure by reference to housing need, children, contributions or an agreement[16][5] |
| Income clean break with no explanation | Section 25A requires the court to consider whether each party can adjust without undue hardship | The form’s clean break section states how each party will meet their income needs[17][5] |
| Housing not explained | The court needs to know where each party and the children will live | Section 13 is completed for both parties, including rented accommodation[5] |
| Mortgage lender or pension scheme not notified | A transfer or pension share cannot be implemented without them | Sections 15 and 17 confirm notice has been given; a Form P1 annex accompanies any pension sharing order[5] |
| Blank sections or rounded estimates | The statement of truth covers the whole form; gaps read as non-disclosure | Every section is answered, with “none” or “not applicable” where that is the position[5][9] |
| Only one party has signed the confirmation | Rule 9.26(2) requires both to certify that they have read the other’s information | Both parties sign sections 20 to 23[2] |
Where a query is raised, the response is made through the MyHMCTS portal for represented parties or by letter for unrepresented parties, with an amended D81 or order where needed; if the judge remains unsatisfied, a hearing may be listed under rule 9.26(5).[18][2]
Relationship to Form E
Form E is the financial statement exchanged in contested financial remedy proceedings, running to about 30 pages with a schedule of documents to attach, and verified by a statement of truth.[19] The D81 is the shorter statement of information for agreed cases. The rules do not require a Form E for a consent order application; rule 9.26 requires only the draft order and the statement of information.[2] Many couples nevertheless exchange Forms E, or a shorter schedule of assets, voluntarily before agreeing terms, and Practice Direction 9A expects parties to exchange information before any application is made.[7]
The two forms overlap in content but differ in purpose. Form E is disclosure to the other party, designed to allow questioning and challenge; the D81 is information to the court, designed to allow approval. A party who has doubts about the other’s financial position is better served by insisting on disclosure before signing the D81 than by relying on the D81 itself, since the order once made can be set aside only on the limited grounds described on consent order.[8][9] In mediation, the equivalent exchange is the open financial statement, whose figures are carried across into the D81.
Completing and filing
The form is downloaded from GOV.UK, where the current version D81 (04.25) is published alongside a large-print edition added on 16 July 2026.[4] It may be completed on screen and printed for signature. Where the applicant is legally represented, the D81 is uploaded with the draft order through the MyHMCTS financial remedy service, a requirement in force since 24 August 2020; an unrepresented applicant sends the paper form with the order and Form A to HMCTS Financial Remedy, PO Box 12746, Harlow, CM20 9QZ.[20][18][14] The application cannot be approved before the conditional order in the divorce.[14]
Each party signs a statement of truth in the standard form, which warns that “proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement” without an honest belief in its truth.[5] A solicitor may sign on a client’s behalf with authority, but the confirmation that each party has read the other’s information is personal to the parties.[2]
History
| Date | Development |
|---|---|
| 1984 | Section 33A inserted into the Matrimonial Causes Act 1973, allowing the court to make a consent order on prescribed information alone[1] |
| 6 April 2011 | The Family Procedure Rules 2010 came into force; rule 9.26 requires a statement of information in the form listed in Practice Direction 5A[2][3] |
| 1 April 2012 | GOV.UK publication of the D81 begins; the form at that time ran to six pages, completed by each party[4][15] |
| 14 October 2015 | Sharland and Gohil: the Supreme Court confirmed the consequences of non-disclosure on a consent order application[8][9] |
| 24 August 2020 | Represented applicants required to lodge consent order applications, including the D81, through MyHMCTS[20] |
| 3 February 2022 | The Financial Remedies Court published the redesigned 23-page joint form with before-and-after tables and a reasons section; old forms accepted only if signed by 18 February 2022[6][15] |
| April 2025 | Current version D81 (04.25) published[5] |
| 16 July 2026 | Large-print edition added on GOV.UK[4] |
See also
- Consent order – the application the D81 supports
- Form A – filed with the D81
- Form E – disclosure in contested proceedings
- Clean break order – explained in section 12 of the form
- Pension sharing order – sections 16 to 18
- Financial settlement
- Open financial statement – the mediation equivalent
- Financial remedy proceedings
References
- Matrimonial Causes Act 1973, section 33A: Consent orders for financial provision or property adjustment. legislation.gov.uk. Accessed 5 September 2026.
- Family Procedure Rules 2010, rule 9.26: Applications for consent orders for financial remedy. legislation.gov.uk. Accessed 5 September 2026.
- Practice Direction 5A: Forms. Ministry of Justice. Accessed 5 September 2026.
- Provide information about the parties’ financial situation to support your application for a consent order: Form D81. HM Courts and Tribunals Service. updated 16 July 2026. Accessed 5 September 2026.
- Form D81: Statement of information for a consent order in relation to a financial remedy (04.25). HM Courts and Tribunals Service. April 2025. Accessed 5 September 2026.
- Notice from the Financial Remedies Court: D81. Courts and Tribunals Judiciary. 3 February 2022. Accessed 5 September 2026.
- Practice Direction 9A: Application for a financial remedy. Ministry of Justice. Accessed 5 September 2026.
- Sharland v Sharland [2015] UKSC 60. Find Case Law, The National Archives. 14 October 2015. Accessed 5 September 2026.
- Gohil v Gohil [2015] UKSC 61. Find Case Law, The National Archives. 14 October 2015. Accessed 5 September 2026.
- What is the D81 form?. ConsentOrder.org.uk (Family Legal Ltd). updated July 2026. Accessed 5 September 2026.
- The Financial Remedies Court of England and Wales: Financial Remedies Guide 2026. Courts and Tribunals Judiciary. March 2026. Accessed 5 September 2026.
- Give notice of your intention to proceed with an application for a financial order: Form A. HM Courts and Tribunals Service. updated 21 July 2026. Accessed 5 September 2026.
- Family court fees (EX50). HM Courts and Tribunals Service. updated 13 July 2026. Accessed 5 September 2026.
- Money and property when you divorce or separate: apply for a consent order. GOV.UK. Accessed 5 September 2026.
- The new Form D81. 1GC Family Law (David Burles, barrister and deputy district judge). February 2022. Accessed 5 September 2026.
- Matrimonial Causes Act 1973, section 25: Matters to which court is to have regard in deciding how to exercise its powers. legislation.gov.uk. Accessed 5 September 2026.
- Matrimonial Causes Act 1973, section 25A: Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order. legislation.gov.uk. Accessed 5 September 2026.
- MyHMCTS: how to use online financial remedy services: managing a case (consent). HM Courts and Tribunals Service. updated 13 August 2026. Accessed 5 September 2026.
- Financial statement for a financial order: Form E. HM Courts and Tribunals Service. updated 23 January 2023. Accessed 5 September 2026.
- Financial remedy consent order applications: mandation of online applications. The Law Society. Accessed 5 September 2026.
External links
- Form D81 on GOV.UK – current PDF and large-print edition
- GOV.UK: apply for a consent order
- Family Procedure Rules Part 9 (justice.gov.uk)
- Financial remedy forms (GOV.UK collection)
This article is part of Divorce Law Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.