DIY divorce english law D81 form and consent order

justjohn

DIY divorce English law D81 form and consent order

Separation agreement has been in place for 3 years all assets have been split under that agreement.

But Form D81 asks for total assets currently???

Am i missing something??

What has current assets got to do with the divorce, if the separation agreement has settled the devision of assets and child care/welfare issues?

Really not keen on telling the EX what current assets are as they have nearly doubled and EX is having a hard time at moment financially.

Also can the seperation agreement be used by the court as the consent order "as is"

justjohn

We have been getting different/conflicting advice from different solicitors. One has said consent order is not needed as the seperation agreement is just as legal in a court.

gotnodosh

Hi,

I found this information on a website:

CONSENT ORDER
Normally a Separation Agreement is incorporated into a Consent Order in the Divorce Proceedings. However, a District Judge does have the power to overrule the Separation Agreement in the event of a future dispute. This could occur where there has been fraud or mistake, where one or both parties have not been legally represented, where one party has been subject to undue oppression or where the circumstances have dramatically changed.
In summary the court has the power to overrule a Separation Agreement if they consider the Separation Deed to be unfair.

The only way to ensure finality of financial matters is to proceed with a Consent Order in Divorce Proceedings which states that all remaining claims are dismissed.








So it looks like you still need a Consent Order but as long if it was fair and the Consent Order based on the Seperation Agreement then there shouldn't be a problem. Hope that helps.

justjohn

yes but, to get a consent order i have to fill in D81. That has my net worth on it(assets/property/money in bank etc). I have been told by one solicitor that if a consent orders is not done and ex attempts to take me to court then judge will fall back to separation agreement and use this for reference.(it is unlikely to overturned if fair)

We do not want to give ex our net income as ex may not be a happy bunny.

Its doing our head in lol

mookiandco

The seperation agreement is not legally binding but in the event of a dispute (if you didnt go ahead with the consent order) it would be used by the Court as evidence of the parties intentions at the time of seperation.

The consent order will protect you from future claims and will formalise the seperation agreement and make it legally binding. However, given that the assets have already been divided and you have been seperated for sometime, your ex would be unlikley to be successful in a future claim anyway.

The D81 is necessary for the consent order and the court will not seal a consent order without it. It allows the court to see a summary of what each of the party has so that they can ensure that the consent order is not completely biased to one party or that a party has been coerced into it so that they lose out etc.

However, the court only need to be satisfied that you can both stand on your own two feet financially so as long as she appears to have enough to get by and a roof over her head, the court would be satisfied. If you have built up your empire in the last few years thats fine, even if your ex knows about it she is unlikely to be able to successfully make a claim anyway as a substantial period of time has passed.

Many couples dont bother with the consent order particularly where finances have been sorted amicably or they have been seperated for a long time. However, your solicitor is likely to want you to sign a disclaimer which indemnifies them against any loss if you go ahead without it!! A consent order is sensible, ties up all loose ends and ensures theres no come back in the future (even if she were ultimately unsuccessful on a future claim, doesnt stop her making it in the first place and dragging you to court). But if you dont want to rock the boat and feel comfortable without it, then its your decision!

mackemdave

My ex refused to disclose her assets but I still have a consent order.A REASONABLE solicitor should be able to draw up a consent which both parties agree to andare willing to sign that can be rubber stamped by the courts.The solicitors will advise against this happening and will probably get you to sign a disclaimer so that you cant sue them for negligence if either parties find at a later stage that there were more assets .....A Consent Order is what the parties agree to and not the solicitors who are only trying to get their grubby hands on more of the funds

justjohn

So can the consent order be done DIY. With children envolved??