Help completing D81

[orangepeelsz]

I divorced 5 years ago and we agreed via solicitors a settlement figure and got this into a consent order which we both signed. For some reason it was never sent by solicitors to court

So 5 years later we have had the consent order redrafted to reflect our settlement (money changed hands 5 years ago) and I am sending it to court to be sealed. I am filling out form D81 statement of information, it is asking about capital and liabilities. Do I complete this for our finances now or back when we're about to divorce?

The house has gone up in value since then but we are happy with the lump sum agreed to buy each other out back then, do I put the value of the house as it stands now?

You need to complete the figures as they are today.

@prh47bridge thank you, so if the house has increased in value do I show that we have half the equity each? Even though we have agreed and I have received the lump sum for the purposes of the form do we state half the equity each as capital?

You show the current position which is presumably that he has all the equity in the house. The information must be correct at the time the form is signed and right now you don't own any of the house.

@prh47bridge thank you appreciate it.

Legally I am still on the mortgage and deeds as the owner along with him, that's the part I'm struggling with, do I fill the form out based on what we have agreed (but isn't yet legally binding) or based on the true legal picture right now which is we both own the house

If you both own the house, that is what you need to say on the form. The form wants to know your current position, not what it will look like following the consent order.

@prh47bridge great thank you that's what I was really getting confused with, I will ascertain the current value and deduct mortgage and then split the equity 50/50

What I am a little worried about is that since we made the initial agreement the house has increased in value quotes bit, I'm worried the judge will look at the figures and see how little in lump sum I received in relation to the current equity and May think the consent order is unfair

The judge can refuse to make the order if they think it is unfair, but they will ask questions for clarification first. If they are happy with your answers, you will get the order you want.

@prh47bridge fab thanks so much for your help

I am going to include a chronology to offer an explanation so it's transparent