Form D81: Watch-outs When Finalising a Consent Order

Getting a financial consent order approved should feel like the finish line, but for many, Form D81—the Statement of Information—becomes an unexpected stumbling block. Even after you’ve negotiated terms and drafted the order, a single error on the D81 can see your paperwork returned, delaying closure and adding stress. Here’s how to avoid the most common pitfalls and ensure your D81 is court-ready the first time.

Why Judges Reject D81s

The D81 is not just a formality. It’s the court’s main tool for checking that the proposed settlement is fair, transparent, and in the interests of any children involved. Judges are alert to several recurring issues:

Numbers That Don’t Add Up
One of the most frequent reasons for rejection is inconsistency between the figures on the D81 and those in the consent order’s schedule. If the assets, liabilities, or income listed on page 2 of the D81 don’t match the breakdown in your draft order, the judge will spot it. Even small discrepancies—such as rounding errors or outdated bank balances—can trigger questions or a request for clarification. Double-check every figure, and if something has changed since negotiations, update both documents before submission.

Thin Explanations
The D81 asks for a brief narrative explaining why the proposed division is fair. Many people simply write “we have agreed” or “it is fair,” but this isn’t enough. The judge needs to understand the context: why is one party receiving more? How are the children’s needs being met? If there’s a significant disparity in income or assets, or if one person is retaining the family home, explain the reasoning. A few clear sentences can make all the difference.

Missing Signatures
Both parties must sign the D81 and confirm they have read each other’s form. If you’re submitting separate D81s, each person must tick the box confirming they’ve seen the other’s information. Missing signatures or unchecked boxes are a common reason for rejection. Before sending, check that every page is signed and dated.

Handling Changes in Circumstances

Life doesn’t always wait for paperwork. If your circumstances change between signing and filing—perhaps you lose your job, a house sale falls through, or a new asset comes to light—you must update the D81. Attach a short statement explaining the change and how it affects the agreement. Failing to disclose a material change can lead to the order being set aside later, or even allegations of non-disclosure.

Red Flags for the Court

Judges are trained to spot warning signs that a deal may not be fair or that something is missing:

• One spouse walks away with negligible assets. If one party is left with little or nothing, the judge will want to know why. Was this a conscious choice, or is there pressure or missing information?

• Wide income disparity is unexplained. If one person will have much more income than the other post-settlement, the court expects a clear explanation—especially if spousal maintenance is not included.

• Children’s housing needs ignored. The court’s first concern is always the welfare of any children. If the proposed order doesn’t make adequate provision for their housing or financial needs, expect questions.

If any of these apply, address them directly in your D81 narrative. Explain the rationale, reference any supporting documents, and show that both parties understand and accept the outcome.

Did You Know?

If the judge suspects non-disclosure or unfairness, they can list a fast-track approval hearing. This means you may be called to court to answer questions in person, which can delay approval and add to costs.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.