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D81 form after divorce

4 replies

justwingingit7 · 12/04/2023 14:47

Hi, long time lurker first time posting. I split with my ex husband over two years ago, not a amicable split, our divorce finalised October of last year. He has a very good career - that comes with an excellent pension..when I left him, I told him I wanted none of his pension and he could rest assured I'd never come for it. I wanted a clean break, we had no house or savings to split so I just wanted to walk away and start a fresh. He then came to me last year asking if I would be happy to sign away my right to his pension - I obviously agreed thinking it would be a solicitor writing an agreement and me signing it. Now I've received a d81 form requiring me to put all of my (current) earnings, benefits, savings, debts. Basically I have to completely bare my financial situation to my ex husband who gets a copy of it. I don't want that?! He has no right to see what's in my bank, savings, debts! He was controlling when we were together and I left to go into a refuge so it fills me with dread that he gets such a personal insight into my finances. I don't know if I'm just being dramatic? I don't understand though why they need my current finances for me to sign away his pension? I get nothing out of this, it's me doing it as a favour to him because he obviously doesn't believe I won't go after it in 30 years time. Which I was more than happy to do, until I realised how invasive the process would be. I haven't sought legal help as he told me last year that he had a solicitor and it was straight forward and I'd just basically need to sign something. This isn't what I'd expected. Anyone know much about them? Filled one out before? It says at the bottom that the form is being signed so that assets are divided equally - am I going to end up giving him money or something if his finances are worse than mine? I've worked my arse off the last two years to become debt free and have some savings.

OP posts:
Agreeable · 12/04/2023 15:48

Talk to a divorce solicitor.

prettygreenteacup · 12/04/2023 15:54

If you didn't complete a Financial Consent Order when you divorced, which is approved and signed off by a Judge, then you do need one and the D81 forms part of that. It should ideally have been done during the divorce process. Even with little to no marital assets, neither of you are protected by law unless there's a financial order including a clean break order. Talk to a solicitor.

lifeisyellow · 12/04/2023 18:16

I will start with this does not constitute legal advice. Always take independent legal advice.

The D81 has to be submitted to the Court with any financial consent order. The Judge will want to see that on paper it is relatively fair - they will look at length of marriage, children, assets, and on the face of it is it a fairt agreement.

You should also see a copy of his D81 - when you've completed yours ask his solicitor when is a convenient time to mutually exchange (usually via email for ease). The whole point of a consent order is that you both agree - so you both come to the table with clean hands knowing what the other has. If for example he had a lot of savings you didn't know about, or vice versa, then this can be raised before signing the Consent Order.

If you didn't agree, you'd have to complete a Form E which goes into even more detail about assets, you'd both try and negotiate a settlement and/or it may go to Mediation, and failing that, Court.

There is no way of getting a Financial Consent Order approved by the Court without a D81. You don't physically go to Court itself, unless the Judge takes issue with it and wants an explanation, but they will look at it on their own.

I hope this helps - once again this does not constitute legal advice.

justwingingit7 · 13/04/2023 15:14

Thanks for replies :) I'm going to seek legal advice because to be honest I'm going to need some advice filling it out anyway as it goes quite in depth. Is there no way to send the d81 to the court without him seeing it then? I'm not bothered about his solicitor or the courts seeing my finances - it's him. He constantly tries to get me to come away from child maintenance so he can pay less and has made digs about how I afford things....so I hate that I've worked really hard to work and save money / pay off my debts. I just know that if he sees that I have barely any debt and some savings (not much btw) he's going to use that knowledge to attack me. Him seeing I earn X amount and have X amount of debt has no relevance to me signing away his pension x

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