⚠ Form E and D81 do different jobs
Form E is a detailed 28-section financial disclosure exchanged between the parties in a contested financial case — the court doesn't read it in a Consent Order case. D81 is a shorter summary filed with the court in every Consent Order case so the judge can assess broad fairness. Same information, different jobs, different audiences.
The straight answer, by case type
| Case type | Form E? | D81? | Why |
|---|---|---|---|
| Amicable — Consent Order | Not required | Required | You've already agreed. The judge reads D81 to check fairness. Form E is optional between yourselves. |
| Amicable via mediation — Consent Order | Not required by court | Required | Same as above. Mediator may have asked for a summary financial statement (similar to Form E) but that's not filed at court. |
| Contested — Financial Remedy proceedings | Required | Also required at the end | Form E is exchanged between the parties (and filed with the court) at the start. D81 is filed with the final order. |
| Solicitor negotiation — no court hearings | Often used (voluntary) | Required with any final Consent Order | Solicitors typically ask for Form E to satisfy themselves the disclosure is proper. Not a court requirement in a Consent Order case. |
Why D81 is what the judge actually reads
When you submit a Consent Order, the judge's job is to check that the agreement isn't so unfair that it shouldn't be approved. To do that, the judge needs to see:
- What each party has (assets, pensions, income, debts).
- What each party is getting under the agreement.
- Any children and their arrangements.
D81 sets all of that out on a single form. It's shorter than Form E (roughly 8 pages vs 28), and it maps the agreed outcome directly onto the pot of assets so the judge can see the split at a glance. That's why the court asks for D81, not Form E, on a Consent Order.
Why you might still want to do Form E anyway (voluntarily)
A Consent Order that's later challenged (rare but it happens) is much more defensible if both parties can show they exchanged full financial disclosure before signing. Form E is the standard format for that. Situations where a voluntary Form E is worth the effort:
- Large or complex estates — significant pensions, business assets, trusts, overseas property. Full disclosure protects both parties against a later "you didn't tell me about X" challenge.
- Significant imbalance — one party is getting materially less than half. Documented disclosure shows they agreed with eyes open.
- Solicitor spot-check — most family law solicitors will insist on Form E-level disclosure before advising on any Consent Order that includes maintenance or a pension sharing order.
- Peace of mind — if either of you has any doubt about whether the other has fully disclosed, Form E gives structure to the ask. "Complete Form E" is much easier to say than "tell me everything you own".
Situations where the court may push back if you skip Form E
Even though the rule is "no Form E for a Consent Order", the judge has discretion. You may get a query — or a request for more information — if:
- The D81 shows very large assets (typically £1m+) with a simple headline split — the judge may want the underlying detail Form E provides.
- The order involves a pension sharing order on a valuable pension — some judges want to see the CETV documentation.
- The split is materially unequal and the D81 doesn't explain why.
- One party is a litigant in person and the other is legally represented — the judge may want reassurance that disclosure was proper.
In these cases you don't have to file a full Form E, but you might file a shorter supplemental statement that gives the judge the specific extra detail requested.
Mediation and Form E
If you're going through mediation, the mediator will normally ask both parties to complete a financial statement — often based on Form E, sometimes the mediator's own template. That document stays within the mediation process; it's not filed at court and doesn't replace D81. Once mediation reaches an agreement, you draft the Consent Order and D81 the same way any other amicable case would.
- Form A — the application form that opens a financial remedy case at court. Always filed with a Consent Order.
- Form E — the detailed financial disclosure exchanged between parties (and filed with the court) in contested proceedings. Not filed with a Consent Order.
- Form D81 — the summary of finances filed with the court alongside every Consent Order.
DIY implication: which product do you actually need?
If you're going the amicable / DIY route:
- Amicable, no complexity, you both know each other's finances well — you need a Consent Order and a D81. The £99 Consent Order Online product plus a manual D81 (or the £149 Amicable Bundle, which includes a D81 builder). No Form E needed.
- Amicable but you want proper disclosure first — do a voluntary Form E exchange between yourselves (not filed at court), then Consent Order + D81. The £99 Form E Online product handles the Form E; add Consent Order Online for the settlement paperwork.
- Contested — heading for a court hearing — Form E is mandatory. You'll need the Form E Online product, and eventually a Consent Order + D81 if the case ever settles by agreement.
Amicable case? Skip Form E, get the Consent Order right
Consent Order Online produces the legally worded Consent Order and — if you go for the Amicable Bundle — a matching D81 built from the same figures. Two free AI Assisted Reviews before you buy.
- ✓ Legally worded Consent Order in Word format
- ✓ D81 builder included in the Amicable Bundle (£149)
- ✓ AI Assisted Review checks court-readiness before you file