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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

filling in D81 for consent order

6 replies

smon · 11/08/2019 20:01

has anyone got any advice on filling in 'statement of information' D81 for consent order? On the 'capital' section I am not sure whether to fill in 50% of the equity in the house or the amount that we have agreed on, ie my share in the equity minus the figure I am buying my ex out with?
Also, am I taking a big risk by transferring the money for the buy out prior to consent order being finalised in court?
thanks!

OP posts:
daughtersmother · 11/08/2019 20:18

We used a solicitor, who advised against any financial arrangements/transfers taking place before the consent order was agreed in court. Transfers were due to take place within 28 days after the decree absolute was issued, but legal issues surrounding the transfer of the house meant that date wasn't met. Ex. made threats of court action if date was not met (which could have meant paying substantial interest amounts) but ultimately it all went through a couple of weeks late. Solicitor had advised to ignore threats, as it would take ages to get to court anyway. Don't know about filling in form, so hope someone else can advise you.

smon · 11/08/2019 20:48

Thanks for your advice, much appreciated. My ex needs to move out of an expensive rental and cannot afford half our mortgage anymore so we were planning to use a draft consent order. I have read that it can take up to six months for a consent order to be approved by court :-(

OP posts:
MrsBertBibby · 11/08/2019 20:55

You complete the form with the position before the order is implemented.

So if the house is in joint names, half the equity.

Itsnotme123 · 12/08/2019 06:19

My solicitor also advised not to transfer money before the consent order is sealed. If the Judge throws the consent order out or makes adjustments, it’ll make things very difficult.

I would ask your solicitor about the D81 form filling, as it’s important to get it right.

smon · 13/08/2019 10:13

Thank you for all your comments, really helpful. Is it common, in your opinion, for judges to make amendments if you have come to a mutual agreement? How long does it normally take for a judge to agree a consent order once it has bene filed?

OP posts:
NewMe2019 · 15/08/2019 21:14

Watching with interest as I think I'm in a similar aituation. Remortgage is going through and no word regarding financial order.

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