After Form E: Consent Orders, D81 and Making Your Financial Agreement Binding
What happens after Form E disclosure: questions, negotiation, consent orders, Form D81, court approval and how your Form E data can support the next step.
Written by
Ben Ayade
Founder of Divvio · Called to the Bar of England & Wales
Last updated
Updated 2 November 2026
Reviewed and refreshed when the article or guide is materially updated.
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Completing Form E feels like crossing a finish line. It is not — it is closer to the starting gun for the next stage.
Form E gives both sides a structured picture of the finances. What happens next depends on what you do with that picture. Sometimes it means questions, further documents and negotiation. Sometimes it means court directions. And if you reach agreement, it usually means turning that agreement into a consent order supported by Form D81. This guide walks through what typically happens after Form E, how D81 fits in, and why this stage follows naturally once disclosure is organised.
Before you rely on this
This is general information for England and Wales, not legal advice. You should get legal advice before signing a financial agreement or consent order.
After Form E is exchanged or filed, the next steps usually fall into one of four routes:
Each side reviews the other's disclosure.
Questions are raised about missing, unclear or inconsistent information.
The parties negotiate, mediate or continue through the court timetable.
If agreement is reached, the terms are put into a draft consent order and supported by Form D81.
Form E is disclosure. A consent order is the legal document that turns an agreement into a court-approved order.
Form E is not the settlement
It is tempting to assume that finishing Form E finishes the whole problem. It does not.
Form E answers questions like: what assets are there, what debts are there, what income does each person have, what are the housing and budget needs, and what documents support the figures. Settlement asks different questions — who keeps or sells the home, is there a lump sum, is there a pension share, is maintenance needed, should there be a clean break, and is the overall outcome fair. You need the disclosure before you can sensibly answer those settlement questions, but the form itself does not decide the outcome.
What the other side may do after receiving your Form E
Once Form E is exchanged, the other party or their solicitor may compare your answers with the documents and raise questions. Common follow-up questions include:
Why is a bank statement missing?
Why does a mortgage balance date not match the Form E figure?
Why is a pension value estimated rather than confirmed?
What happened to a large transfer shown on a bank statement?
Why is a business value listed as nil?
Are monthly expenses realistic?
Has a new debt been explained?
This is normal. Not every question is an accusation — often it is simply the process of turning disclosure into a clearer shared picture. Good Form E preparation cuts down the avoidable questions. It will not remove every question, and it should not need to.
Calm next step
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If there is no agreement after Form E, the case may continue through negotiation, mediation or the court timetable. Depending on the route, the next stage may involve:
questionnaires about disclosure
replies to questionnaire points
updated documents
valuations
pension reports
mediation sessions
solicitor negotiations
court hearings
If the case is in financial remedy proceedings, follow the court timetable carefully. If you are mediating or negotiating outside court, agree clearly what information is still missing and what decisions are actually being discussed.
If you do agree: the consent order step
If you and your ex-partner agree how to divide money, property and pensions, the agreement should normally be made legally binding. GOV.UK explains that to make an agreement legally binding, you need to draft a consent order and ask a court to approve it. GOV.UK also warns that if an agreement is not legally binding, a court cannot enforce it if there are issues later.
A consent order can cover things like property, pensions, savings, investments, lump sums, maintenance and clean break terms. This is the stage where legal drafting matters. Divvio can help organise the financial information, but a consent order should be drafted or reviewed by someone qualified to do that work.
Form D81 is the statement of information that supports an application for a consent order in a financial remedy case. GOV.UK describes it as the form used to give the court information about the parties' financial situation alongside the consent order application. As checked on 21 June 2026, the listed D81 PDF was 23 pages, last updated on 18 June 2024.
If anything material changes before the judge approves the order, update your disclosure straight away.
In plain English: D81 gives the judge a summary of the financial picture behind the agreement you are asking them to approve. It is not a replacement for Form E — it is a different document doing a different job.
Form E vs D81: what is the difference?
Question
Form E
D81
Main purpose
Full financial disclosure
Summary information for a consent order application
Usually completed by
Each party separately
Used with the consent order application
Level of detail
Detailed assets, income, needs, documents and explanations
Shorter financial snapshot and agreement context
Timing
During financial disclosure or financial remedy proceedings
When asking the court to approve agreed financial terms
Replaces legal advice?
No
No
If you have completed Form E properly, much of the D81 information should already be organised. That is why D81 is a strong next step after Form E: the hard work of gathering the financial picture has already been done.
When can the court approve a consent order?
GOV.UK says you can ask the court to approve a draft consent order when you apply for divorce or dissolution, or any time after that. It also says it is usually simpler to ask after you have the conditional order or decree nisi, because the court cannot approve a consent order before that point. The consent order only takes effect after the final order or decree absolute.
Timing can matter, especially for pensions and financial consequences after final order. Get legal advice if you are unsure when to apply.
What documents are usually needed for a consent order application?
According to GOV.UK, the process involves:
drafting a consent order
signing the draft consent order
completing a statement of information form
one person completing a notice of application for a financial order
sending signed forms and copies with the court fee, where applicable
Court fee
As checked on 21 June 2026, GOV.UK listed the court fee for a consent order application as £60. Fees can change, so check GOV.UK before applying.
There is usually no court hearing. GOV.UK says a judge will approve the consent order to make it legally binding if they think it is fair. If the judge does not think it is fair, they can ask for changes.
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D81 should not be used as a shortcut where one person has not understood the finances. The court needs enough information to decide whether the proposed consent order is fair. If the financial picture is thin, old or misleading, the agreement may be challenged or delayed. In practical terms, completing Form E is often the safer way to build the financial picture first. D81 then summarises that picture for the agreed order stage.
Relying on an informal agreement
Many couples agree something between themselves and assume that is enough. It may feel settled, but it may not be enforceable. GOV.UK is clear that a financial agreement needs a court-approved consent order to be legally binding. Without that, unresolved claims or enforcement problems can come back later. That is why the journey should usually be:
Understand the finances.
Exchange enough disclosure.
Agree terms.
Get legal drafting or review.
Apply for court approval with the required forms.
Final thought
Form E is the foundation. It creates the financial map. But if the real goal is finishing the financial side of the divorce, the question is not only "is my Form E complete?" It is: can this disclosure now support a fair, legally binding agreement? That is where D81 and a consent order take over.
Frequently asked questions about consent orders and D81
What happens after Form E is exchanged or filed?
After Form E, each side reviews the other's disclosure, raises questions about anything missing or unclear, and then negotiates, mediates or follows the court timetable. If you reach agreement, the terms go into a draft consent order supported by Form D81.
What is the difference between Form E and a consent order?
Form E is full financial disclosure, setting out your assets, debts, income and needs. A consent order is the separate legal document that turns an agreement into a court-approved, legally binding order. Form E does not decide the outcome of your settlement.
What is Form D81 and what is it used for?
Form D81 is the statement of information that supports an application for a consent order in a financial remedy case. It gives the judge a summary of the financial picture behind the agreement you are asking them to approve. As checked on 21 June 2026, it was 23 pages, last updated 18 June 2024.
Do I need a consent order to make a divorce financial agreement binding?
A consent order makes a financial agreement legally binding once a court approves it. GOV.UK warns that without one, a court cannot enforce the agreement if problems arise later. Get legal advice before signing, as a consent order should be drafted or reviewed by someone qualified.
When can the court approve a consent order?
GOV.UK says you can apply when you apply for divorce or any time after, but it is usually simpler once you have the conditional order or decree nisi, as the court cannot approve it before that. The order only takes effect after the final order or decree absolute.
What documents and fee are needed to apply for a consent order?
The process involves drafting and signing the consent order, completing a statement of information form, and one person completing a notice of application for a financial order. As checked on 21 June 2026, GOV.UK listed the court fee as £60. Fees can change, so check GOV.UK.
Still pulling together your final statements or CETVs before exchanging disclosure? Check nothing is missing with our Form E documents checklist.
Sources checked
GOV.UK: Money and property when you divorce or separate — If you agree
GOV.UK: Form D81 statement of information publication page
GOV.UK: Form E financial statement publication page
Last checked: 21 June 2026.
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