Preview, laid out in the parts of Form D81
D81 is just the form's number. In plain English: a short statement of what you each have now and what you will each have after the order.
Statement of information for a consent order in relation to a financial remedy
Each of you completes this so the judge can see the deal is fair without a hearing. Where you're agreed, one joint form is allowed. Figures below come from your picture; dates and addresses are filled when we draft. The official form ↗
Part 1. About you and the application
Have to hand when we draft: the marriage certificate (date and place), the date you separated, and both dates of birth.
Part 2. Children
2 children under 18, aged 9, 12.
The children live mainly with Sam and spend about 104 nights a year with Jo. Child maintenance of about £513 a month is paid by Jo under a family-based arrangement.
Part 3. Capital. Summary of net assets
Left: what each of you has now, with jointly owned things in their own column. Right: what each of you will have once the order is carried out. The judge checks the right-hand totals add up to the same as the left, then looks at any big imbalance and reads Part 7 for the reason.
| Asset | Sam now | Jo now | Joint now | Sam after order | Jo after order |
|---|---|---|---|---|---|
| Family home (after the mortgage)Sam keeps the home and takes on the mortgage. | £185,000 | £185,000 | £0 | ||
| Savings and investments (own names) | £4,500 | £8,000 | £4,500 | £8,000 | |
| Savings and investments (joint) | £12,000 | £6,000 | £6,000 | ||
| Pensions (cash equivalent value, the scheme's figure for divorce)No pension sharing. Each keeps their own. Sam: Aviva workplace pension (pot) £48,000; Jo: NHS pension (final salary) £164,000. | £48,000 | £164,000 | £48,000 | £164,000 | |
| Liabilities (own names) | £0 | −£1,200 | £0 | −£1,200 | |
| Liabilities (joint) | −£5,000 | −£2,500 | −£2,500 | ||
| Net capital excluding pensions | £4,500 | £6,800 | £192,000 | £193,000 | £10,300 |
| Net capital including pensions (pensions are not cash and are usually looked at separately) | £52,500 | £170,800 | £192,000 | £241,000 (58%) | £174,300 (42%) |
- Family home (after the mortgage)Sam keeps the home and takes on the mortgage.
- Now: joint £185,000After: Sam £185,000, Jo £0
- Savings and investments (own names)
- Now: Sam £4,500, Jo £8,000After: Sam £4,500, Jo £8,000
- Savings and investments (joint)
- Now: joint £12,000After: Sam £6,000, Jo £6,000
- Pensions (cash equivalent value, the scheme's figure for divorce)No pension sharing. Each keeps their own. Sam: Aviva workplace pension (pot) £48,000; Jo: NHS pension (final salary) £164,000.
- Now: Sam £48,000, Jo £164,000After: Sam £48,000, Jo £164,000
- Liabilities (own names)
- Now: Sam £0, Jo −£1,200After: Sam £0, Jo −£1,200
- Liabilities (joint)
- Now: joint −£5,000After: Sam −£2,500, Jo −£2,500
- Net capital excluding pensions
- Now: Sam £4,500, Jo £6,800, joint £192,000After: Sam £193,000, Jo £10,300
- Net capital including pensions (pensions are not cash and are usually looked at separately)
- Now: Sam £52,500, Jo £170,800, joint £192,000After: Sam £241,000, Jo £174,300 (58% and 42%)
Jointly owned assets are shown in the joint column before the order and allocated to each of you after it. The totals in the two "after" columns must equal the total of everything before: £415,300.
Part 4. Income
| Source | Sam | Jo |
|---|---|---|
| Gross annual income from all sources | £46,000 | £58,000 |
| Net annual income | we ask for this at drafting | we ask for this at drafting |
| Spousal maintenance under the order | none | none |
- Gross annual income from all sources
- Sam £46,000, Jo £58,000
- Net annual income
- we ask for this at drafting
- Spousal maintenance under the order
- Sam: none. Jo: none.
Net income is on your payslip; we ask for your last three.
Part 5. Where you will live and future plans
Part 6. Notice to mortgage lender and pension providers
The mortgage lender has been served with notice of the application, as the order affects the family home. No pension sharing order, so no pension provider notice required.
Part 7. Anything else the court should know
The division is 58/42 rather than equal because Sam takes on the mortgage and the children's housing; Jo keeps the larger pension and the capital is weighted the other way to offset it; the children live mainly with Sam. Both parties have had the opportunity to take independent legal advice and have exchanged full disclosure.
You sign this as true. 'Full disclosure' means each of you has shown the other everything: statements, pension values, payslips. An order made on figures one of you knew were wrong can be set aside later. 'Opportunity to take legal advice' means you could have; you do not have to have used a solicitor.
Statement of truth
In plain English: you are both promising the court the figures are true and complete. The court can punish a knowingly false statement. This is why the steps ask you to list everything.
I believe that the facts stated in this statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.