Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Sent off the D81 form and the court asked me for a “draft consent order.” What?!

10 replies

MyVIsForVendetta · 17/12/2024 20:08

And when I google draft consent order, it comes up with the D81 form.

They sent me a link in which I can apparently find a draft consent order form.

But I click on it and there’s about 50 different forms and not one of them is called Draft Consent order.
Or even just Consent Order.

i emailed them back and had no response for weeks.

Im stuck and hoping to do this without a solicitor if I can because it’s such a basic, straight forward break.

can anyone please please help?

OP posts:
Marshbird · 17/12/2024 20:37

Hi, head to divorce board. Link at top of that page to ADVICE NOW.
download their guides. Read. Read more

understand that D81 is your financial declaration. You and spouse need to complete fully. Legal full declaration. It includes EVERYTHING- chatells, cars, pensions, income. Saving, property, business interest. The guides will ensure complete it properly

then the two of you need to decide how to split these assets. A consent order is what you do if you can agreed without court intervention. But it is sealed (authorised) by court at time of your final divorce with court using the D81 as supporting evidence . Whether court agrees to your consent order is based on “fair settlement” law. Even if you think it is fair, the court has to ensure law is followed. And it doesn’t start at 50:50 , it’s about future needs. Courts like that a 50:50 could be reached, but in some cases that simply wouldn’t meet the legal “ fair settlement “ needs.

your consent order can be written in your layman terms. But then needs to be drafted legally. Realistically you do need a solcitor to do that. Courts also much prefer to see that you’ve both taken at least minimum advice (say 1 hour) with solicitor to ensure you know what you’re signing. You could try doing Legal draft yourself, but frankly it’s not worth risk for the £500 it’ll cost to write up based on your good laymans term document, and the time you both need to review it with solicitor to satisfy court you know what you’re doing. It cost me and ex £420 in total for that bit in mid 2021. There are examples one this site (divorce board) of courts rejecting consent orders as they’re not meeting “fair settlement”.

but in order for court to review and seal it you needed to have ticked box in petition to say you want court to do a financial agreement. Maybe you did do this and that’s why they’re now chasing.

ifvyou and stbex can’t reach agreement, you will be directed to mediation. That should get you to same place for a consent agreement . If not it’s a full court hearing.

BUT you need to inform yourself on process. The fact you didn’t understand about D81, form E and consent orders shows you’re lacking some basic knowledge here. But, good news is, it’s not difficult to learn on the ADVICE NOW site. you can still do it cheaply, as long as you can both be agreeable and compromise. Make sure stbex reads the guides to, so you know you’re both on same page re process and likely outcomes . Understanding “fair settlement “ is absolutely crucial if doing it yourself.

ADVICE NOW clewrly states what you really do need solicitor for, what you might need one for, and what you really don’t need solicitor for. You need to be very spepcifc then with a solicitor to say exactly what tasks you need them to do. And only those tasks.

Marshbird · 17/12/2024 20:41

Oh, and the government web page on divorce is excellent. It walks through process clearly. But use ADVICE NOW in first instance.

sorry, should also say if in Scotland it’s different. I assume they’ll be a similar site to ADVICE NOW in Scotland but I don’t know what it is. Advice now is for England and wales law only.

MyVIsForVendetta · 18/12/2024 09:38

Thank you for your message.

I literally just need the consent order form and I don’t know where to find it.

We have already discussed and decided all of the above.

i just need the form.

OP posts:
Marshbird · 18/12/2024 22:17

MyVIsForVendetta · 18/12/2024 09:38

Thank you for your message.

I literally just need the consent order form and I don’t know where to find it.

We have already discussed and decided all of the above.

i just need the form.

Did you read my post? There is NOT a form. That’s the point.
THERE IS JO ONE SIZE FITS ALL.
it is a written document in carefully worded legal speak based on a document you create to explain how you’ll split assets. It can’t be in a form format as everyone is different
what’s point of asking advice if you’re not going to read it and do your homework.
😡🙄

MyVIsForVendetta · 19/12/2024 19:20

Marshbird · 18/12/2024 22:17

Did you read my post? There is NOT a form. That’s the point.
THERE IS JO ONE SIZE FITS ALL.
it is a written document in carefully worded legal speak based on a document you create to explain how you’ll split assets. It can’t be in a form format as everyone is different
what’s point of asking advice if you’re not going to read it and do your homework.
😡🙄

Sorry I have significant dyslexia and there was a lot of information that you gave and I’m really overwhelmed by everything that’s required and what has been requested now by the court.

Im trying my best.

OP posts:
titchy · 19/12/2024 19:36

Im stuck and hoping to do this without a solicitor if I can because it’s such a basic, straight forward break

If your dyslexia means you can't navigate information a poster gives you then you need a solicitor. If you and your ex have already agreed a fair split then the solicitor shouldn't cost much at all.

52isjustanumber · 19/12/2024 19:54

Even if you have reached a decision between you , you do need a solicitor to draw up a consent order for you. This will involve declaring all assets, pensions etc.
My ex and I thought that we had an equal share but the solicitor went through everything and I was well under 50%. I have come out with a much better figure so do go in with an open mind and listen to the solicitor's advice.

brummumma · 19/12/2024 19:54

It's not a form as previous poster said

It's a legal document that then basically summarises the final figure you have reached and who pays who and when etc

The D81 is basically just the form where you show the court how you worked out how you got to the figure stated in the Financial Consent document

MyVIsForVendetta · 19/12/2024 20:00

Someone on a thread that posted in a different area of Mumsnet I posted this kindly PM’d me, pointed me in the right direction and explained it in far few words and I’m currently working on the document required.

I just felt like I needed to defend myself from 😡 and 🙄 response.

Believe or not, I have three degrees and in a professional role but struggle to follow instructions. Especially if they are listed in particular ways that don’t work for me.

OP posts:
MyVIsForVendetta · 19/12/2024 20:02

Excuse the typos, that ironically is not dyslexia but beer following a wake I attended today.

Im making myself look like an twat with those typos.

OP posts:
New posts on this thread. Refresh page