Understanding Financial Remedy Orders and the D81 Statement of Information

When you reach a financial agreement on divorce, it is essential to formalise that agreement properly. Two key documents in this process are the Financial Remedy Order and the D81 Statement of Information. Together, they ensure that your agreement is clearly recorded, properly scrutinised by the court, and ultimately made legally binding.

The Financial Remedy Order

The Financial Remedy Order (also called a Consent Order) sets out the terms of the financial agreement reached between you and your spouse.

Before submission to the court, it is important you obtain legal advice to ensure it accurately reflects what has been agreed and that there are no material omissions.

Once approved by the court, the Order becomes legally binding and enforceable, so it is crucial that you fully understand its contents and effect.

What does the Financial Remedy Order include?

The document is structured into several key sections:

Definitions

These are used to avoid repetition and ensure consistency throughout the document.

Recitals

These provide background information and context. They assist the court when considering whether to approve the Order but do not form part of the binding terms.

Agreements

This section covers matters that cannot properly be included as a formal undertaking or Order but nevertheless record what has been agreed between the parties.

Undertakings

Undertakings are formal promises made to the court. They carry significant weight. If an undertaking is breached, the person who gave it may face serious consequences, including fines, seizure of assets and imprisonment for contempt of court.

Orders

This is the operative part of the document where the court exercises its powers to make legally binding directions.

What is the D81 Statement of Information?

The D81 Statement of Information is a standard court form that must be submitted alongside a Financial Remedy Order when seeking court approval. The D81 provides the court with a financial snapshot of both parties before implementation of the agreement and after implementation of the agreement. This allows the Judge to assess the overall assets of the marriage and whether the proposed settlement is fair and reasonable. Without this information, the court cannot approve the Financial Remedy Order.

Pension Sharing Annex

Where a pension share has been agreed, a Pension Sharing Annex will also be required. This document provides the pension provider with the information needed to implement the pension sharing order. Before the Order is finalised, the Annex is usually sent to the pension provider for approval to ensure it will be accepted and implemented without delay.

Summary

The Financial Remedy Order and D81 are not just administrative steps, they are central to ensuring your financial settlement is accurate, fair and legally binding. Taking the time to review these documents carefully can avoid significant issues in the future. This is something we can assist you with.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.