D81 form

Good afternoon

I have been separated from my wife since 2016. We have long since financially separated by at least 5 years without any issues.

We are now going through a no blame divorce and the D81 form has come up.
Personally we both feel this form is irrelevent to us (please don't question me on that) as we have no dependants and are both financially secure. We have countersigned a signed letter to that effect

Neither of us want anything from the other party but IAH neither wish to want to pry in the others finances or indeed the court to stick it's nose in 'our' business

so whilst we assume this is a rubber stamping exercise we wonder if we really need to submit the D81 and if so can we just leave blank or put 0.00 in each box etc

TIA.

Welcome to Wikivorce.

The D81 on its' own won't achieve anything - it needs to be submitted along with a draft financial Consent Order. The D81 is an additional statement of informtion to show the parties current financial status, and after the implementation of the financial agreement set out in the financial consent order.

If you divorce without a Consent Order then you need to be aware that your ex-spouse may be entitled to make a financial claim at any point in the future - even after many years have passed.

From a legal perspective, you will remain financially linked and the divison of assets (and liabilities) remain unresolved. If one of you should die, the other may well have a claim on the estate (even if you are divorced).

Some couples decide to divorce without a Consent Order because they may have nothing to share or even they are happy just to agree a division informally, it maybe amicable and they trust each other, the problem is as time goes by that agreement may breakdown, a new partner may come along or friends and family may persuade one person that actually the agreement wasn't really fair, if this happens a claim can be made in court.

Its also important to remember that assets you develop after divorce potentially can be included in a claim made after divorce.

Thanks so the D81 is unnecessary unless there is some dispute or concern of unfairness?

However this is the letter I have drafted to my solicitor which we have both signed but not yet sent.

Obviously I'm not legally trained so it rambles and repeats but hopefully has enough within it to be A legally acceptable & B legally watertight (for both of us)
...............................................................................................................
July 2025.
The relevant parties Mr R & Mrs L currently involved in their no fault divorce, wish it to be known we both seek a legally binding ‘Clean Break’ agreement

We hereby fully confirm that ALL financial agreements regarding the separation and impending divorce were agreed and settled in 2020 and since that time there has not been nor will be any further financial application made by either party.
Neither Mr R nor Mrs L wish the courts to make any judgement or amendment of the totally amicable agreement. Both Mr R and Mrs L are entirely happy with the consensual, verbal agreement and have long past divided the marriage finances as agreed, without dispute and remain perfectly happy with the arrangement.
Mr R and Mrs L fully waive any right to claim against each other's finances or estate in the future, nor shall attempt to claim or gain any advantage financial or otherwise against the other from the time of the verbal agreement and in perpetuity.
Mr R & Mrs L both fully understand and consider the above to be fully legally binding on both Mr R and Mrs L from this time on, up to, and including death of either or both named above and beyond.( excluding in the event of death of either, as a named beneficial party of either Mr R's or Mrs L's will )


signed etc etc

..................................................................................................
If that makes any sense!

TIA

"Thanks so the D81 is unnecessary unless there is some dispute or concern of unfairness?"

No, the D81 is a mandatory statement of information form that is submitted to court alongside a financial consent order. Consent orders are made where a divorcing couple have fully agreed the financial split and then makes that agreement legally binding and court-enforceable.

A letter, even a well-written letter like yours, is NOT legally binding, and neither of you could hold the other to it, particularly if either party has not had legal advice on the fairness of the "agreement".

You can only achieve a clean break as part of a consent order. The "clean break" isn't a separate order, its a clause within a consent order.

Thanks for the reply, so I go back to my original question if we put 00.00 to our relevant financial boxes and cut/paste that letter as explanation would the judge accept that as ok and approve or is that considered contemptable and he/she would refuse ?

TIA

If you knowingly provide false information to the court, then you will be in contempt of court which is a serious criminal offence. The last pages of a D81 contain a statement of truth which each party has to sign to confirm the info provided is true, to the best of their knowledge.

Again, the D81 without the necessary draft consent order will not achieve anything other then a rejection by the court.