D81 consent order form

[SpiritualKnot]

Hi, don't know if anyone can help, but my solicitor is on annual leave, so I'm stuck.

I'm filling in the D81 consent order form. Giving husband £20,000. Capitals section asks for net capital. If, for example current equity in house is £100,000. (house worth £200,000, mortgage £100,000) Then that's £20,000 to him and £80,000 to me.

However I'm increasing the mortgage to £120,000 to pay him this £20,000. so the equity in the house will be £80,000, not £100,000. Is £80,000 then the net capital with £20,000 to him and £60,000 to me?

Also, I know that selling fees would come off this amount, but do loans come off this as well? I owe £13,000.

Appreciate any help!

You need to fill it in as the situ is on the date that you sign the form.

Loads of people trip up on this bit, but you'll see there's a box on the left hand side specifying that it's the situ BEFORE the consent order is made that the court wants to see.

So on the figures you've posted, you say "current capital, 50% of equity (£50,000).

On the other side of the form it asks who will be living where. Assuming you're the petitioner and you'll have the kids living with you, you say something like "the petitioner will remain in the former matrimonial home with the children. She is increasing the mortgage in her sole name by £20,000 to fund the lunp sum referred to in Clause x.

TBH your solicitor should be doing this for you.

Thanks for that mumblechum. I'll take a look at the amounts tomorrow and see the solicitor when she gets back from her holiday.

Do I knock off the amounts I would incur during any sale as well and any debts? I'll ask my solicitor, but just trying to sort out what stuff I need to check out in the meantime.

Thank you

SK

You don't knock of notional costs of sale if you're not selling in the immediate future (I'm assuming that you're buying him out & not planning to sell for a while), but you should mention all your liabilities in the same box as the assets, so "Assets - equity in fmh £X, savings£x,total £x less debts £x

Hi again

I suppose everything is 50:50 at this stage, including debts?

I'll take the info about our debts and assets to my solicitor next week.

Thank you

SK

Yes, that's right.

Don't fret too much about it, if your sol has asked you to fill it in yourself, he or she will have it typed out later and you just need to check it before you sign.