Agreeing Consent Orders and D81 forms without going to court

In family finances, the best outcome is often the one you can live with and, crucially, the one that keeps you out of court. When separating couples reach a financial agreement, the pathway to making it legally binding and enforceable usually involves two key documents: a Consent Order and a Form D81 (Statement of Information). On paper, this sounds straightforward. In practice, “getting to yes” can be one of the hardest parts of the process.

What are a Consent Order and a D81?

A Consent Order is a written agreement between separating spouses or civil partners that sets out how finances will be dealt with, such as property, pensions, debts, maintenance, and any lump sums. Once approved by the court, it becomes legally binding and enforceable.

A Form D81 is the accompanying financial disclosure document filed with the court. It summarises each party’s financial position (assets, income, liabilities, and future needs) and helps the judge decide whether the Consent Order is fair in the circumstances.

Together, these documents are designed to give the court enough information to approve an agreement without requiring either party to attend a hearing.

Why negotiating them can be difficult

Even when both parties broadly agree on the outcome, negotiations can derail because of friction and psychology. A common stumbling block is this: one person proposes terms, and the other, although privately content, finds it difficult to accept because it feels like “giving in” or agreeing to the other party’s terms. That emotional barrier can turn workable proposals into a protracted cycle of revisions.

Of course, some points genuinely matter. Negotiations about provisions such as clawback clauses or a section 28(1A) bar can have long-term financial consequences, and it is right that those issues are carefully considered.

The difficulty is when the disagreement shifts from the big-ticket items to the tiny details: wording tweaks that do not change the meaning, repeated reformatting, or arguments over “principle” that add no protection. Those skirmishes can:

• increase legal costs unnecessarily
• drain time and energy
• heighten resentment and tension
• make co-parenting harder, especially where young children need stability and cooperative communication

Practical ways to move things forward

Getting to yes often requires structure and focus. Some practical steps that help:

• Separate legal issues from emotional ones: acknowledge feelings but keep the drafting centred on outcomes.
• Prioritise what truly matters: agree on a list of “must-haves” and “nice-to-haves” so energy is spent wisely.
• Use neutral language: avoid wording that sounds punitive or implies blame.
• Set deadlines and limit iterations: for example, agree no more than two rounds of amendments unless a substantive issue arises.
• Keep children in mind: where there are ongoing parenting responsibilities, reducing conflict now protects the future.

How we can help

At Family First Solicitors, we can assist in finalising and filing an agreed Consent Order and D81, with a view to keeping matters efficient, proportionate, and out of court. If you come to us with an agreement, we offer a fixed fee of £2,000 + VAT, plus the court fee of £62, to finalise the documentation and file it with the court for approval.

 

Article by Stella Da Silva Rocha