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D81 Concent Order

Posted by: Lisa
22/07/07 at 6:07 pm

My husband and I sold the marital home and separated 3 years ago (both on the same day).  With my share of the cash I purchased a home..he went into rented.

His solicitor has been most unco-operative and will not even communicate with mine, so I have received no financial disclosure from him.  I do not want anything from him, including maintenance for myself or for our son, and so my solicitor has suggested I complete a D81 Consent Order.

Question 1.  Approx amount of capital resources:  Does this mean I will have to have my house re-valued?  and do I include my car?

Question 2.  the Net income:  all income less expenditure?

Do I need to provide proof of my calculations and more to the point does he? and what about savings?

Please help I am very confused.  Regards Lisa

 

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There are currently 2 replies.

Re: D81 Concent Order

Posted by: Suzanne Kingston, partner, Dawson's Solicitors
30/07/07 at 4:24 pm

As you have a solicitor acting for you, I suggest that you ask them to explain to you the information that is required from you to complete this form.

 

I assume that the form you are completing is the Form M1 that summarises your financial situation and accompanies the Consent Order that is submitted to court. The purpose of this form is to provide the judge that considers your Consent Order with some background to the finances in your case.

 

In brief, it is not necessary to have your property re-valued as long as you can provide an informed estimate of the likely value for example by looking at similar properties that have recently been sold in your road. It might be that the agent that sold you the property 3 years ago could provide you with a likely market value over the telephone. In this section, where you are asked to summarise your capital resources, you should summarise your total interest in the following asset, bank accounts, savings vehicles (shares, ISA’s etc) property, personal belongings with a value in excess of £1,000. 

In terms of net income, this should be your gross income less tax and pension contributions. This is not your income less expenditure.

 

You do not have to provide evidence of your calculations. This form simply summarises your financial position.

 

However, I would strongly suggest that you ask your solicitor for assistance in relation to the completion of the relevant forms.

 

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Re: D81 Concent Order

Posted by: dubaidivorcee
26/02/10 at 12:40 pm

Hi - I recently got divorced from my husband and we amicably agreed to a consent agreement last year which involved me paying him a sum of money for his beneficial interest in the properties we owned (some him, some me, some joint) and less an amount of money for the upbringing of our 2 year old son. The concern I have now is that while we filled out the D81 form will all the details of our financial position my ex did not disclose that at the time (one month prior to the consent order) he had legal proceedings instigated against him for a large amount of money. I am not sure if this is something you would put down in the D81 form as its not the type of disclosure needed in the Form E but it worries me that if he loses his case and goes bankrupt later that the receiver might challenge our agreement on this basis.

Can anyone help me with regards to whether this should have been disclosed on the D81 and what I can now do after the divorce to protect myself from his potential future bankruptcy?

Many thanks.

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