Form E vs D81: What’s the Difference?

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If you are sorting out money after a divorce, you may have seen both Form E and Form D81 mentioned and wondered how they fit together. It is a fair question, because the two forms look similar on the surface but do very different jobs. This guide explains Form E vs D81 in plain English: what each form is for, how they differ, and which one you actually need. The short version is that it depends on whether you and your ex have agreed. If you have reached a settlement, you will usually complete the shorter Statement of Information rather than the full Form E.

Form E vs D81: the difference in one line

Form E is the form you use when there is a disagreement and the court, or the negotiation process, needs a full picture of both people’s finances. Form D81 is the form you use when you have already agreed and simply need a judge to check the deal is fair and sign it off.

Think of it as two stages of the same journey. Form E is about working out the settlement. Form D81 is about recording the settlement you have reached. Some people use both, at different points. Many people who agree early, often through mediation, never touch Form E at all.

Form E vs D81 side by side

Here is how the two forms compare across the things that matter most.

What is Form E?

Form E is a detailed financial statement used in financial remedy proceedings, which is the formal name for the court process that decides how a divorcing couple’s money and property are divided. It runs to around 30 pages and asks you to set out your full financial position: income, property, savings, pensions, debts, business interests and your future needs.

Because the form is used to make decisions, it is backed by evidence. You will need to attach supporting documents such as recent bank statements, payslips, pension cash equivalent transfer values (the figure that shows what a pension is worth for divorce purposes) and property valuations. You also sign a statement of truth, which means signing a false Form E is a serious matter.

You each complete your own Form E and exchange them, so both people, and the court, can see the whole picture. In contested proceedings the court will usually order both parties to complete and exchange their forms by a set deadline. If you are not in court proceedings, you are not legally required to complete a Form E, though many people still use it, or a simpler mediation disclosure form, as a checklist to make sure nothing is missed. Our guide on completing Form E section by section walks through what each part needs.

What is Form D81?

Form D81 is the Statement of Information for a Consent Order. You send it to the court when you and your ex have agreed how to split your finances and you want a judge to make that agreement legally binding. A consent order is the court order that turns a private agreement into an enforceable one, and the D81 is the document that lets the judge assess it.

The D81 is far shorter than Form E. It summarises both parties’ finances in one place: income, capital, property, pensions and debts, along with a few details about your circumstances such as ages, length of marriage and whether either of you plans to remarry. The judge reads the D81 alongside your draft consent order to decide whether the settlement is broadly fair before approving it.

Unlike Form E, you do not usually attach bank statements or payslips to a D81. The form itself needs to contain accurate figures, because the judge relies on the summary rather than the underlying paperwork. The current version was updated in 2022, so it is worth checking you are using the latest one. For the full walkthrough, see our detailed guide to the D81 form.

Which form do I actually need?

Start with one question: have you agreed how to divide your finances?

If you have agreed, you are heading for a consent order, so the form you need is the D81, along with Form A and your draft order. You do not need Form E just because you are getting divorced. Agreeing early, especially through mediation, can let you avoid it entirely.

If you have not agreed and one of you has applied to the court to decide the split, you are in financial remedy proceedings, and Form E is the disclosure the court will expect. Once you reach an agreement, whether before a hearing or during the process, you can move to a D81 and consent order to finalise it.

It is common to start with fuller disclosure and then switch. Couples negotiating through solicitors sometimes exchange Form E first, then complete a D81 once they settle. Couples who mediate often go straight to the D81, because mediation gives you a structured way to share finances without the full court form. Either way, the consent order is what makes the agreement stick.

“The question we hear most often is whether people need to fill in a 30 page Form E when they have already agreed. In the vast majority of cases, the answer is no. If you have reached a fair agreement, the D81 is the form the court wants, and it is a fraction of the work. We complete the D81, Form A and consent order for our clients so the paperwork is in exactly the format the judge expects.”

— Jess Knauf, Director of Client Strategy at Mediate UK

Where the consent order and court fee fit in

A D81 does not stand on its own. It travels to court as part of a small bundle: your draft consent order, a Form A applying by consent, and the D81 statement of information. Together they tell the judge what you have agreed and give them the financial picture to check it is fair.

The court fee to apply for a consent order by consent is £62, as of July 2026 (source: Ministry of Justice, court and tribunal fee updates from July 2026). That is the without notice consent fee, and it is much lower than the fee for a contested financial application. Getting the D81 right first time matters, because a form that raises questions can lead the judge to ask for more information and delay your sealed order.

Form E vs D81: frequently asked questions

Do I need both Form E and Form D81?

Not usually. Most people need one or the other, not both. If you have agreed a settlement, you need the D81 for your consent order. If a court is deciding your split, you need Form E. Some couples use Form E for disclosure and then a D81 once they settle, but you only need Form E if you are going through the court process or choose to use it for full disclosure.

Can I use a D81 instead of Form E?

Yes, if you have agreed. The D81 is the correct form for a consent order and is designed for couples who have already reached a settlement. You cannot use a D81 to force a decision in a contested case, that is what Form E and the court process are for.

Is Form D81 easier to complete than Form E?

Generally yes. The D81 is much shorter, is a single joint form, and does not need supporting documents attached. Form E is around 30 pages, is completed separately by each person, and requires evidence such as bank statements and pension valuations. That said, the D81 still needs accurate figures, since the judge relies on the summary.

Do I have to complete Form E if I am not going to court?

No. Form E is only compulsory when you are in financial remedy proceedings and the court orders it. If you are not in court, you can share finances voluntarily, through mediation or negotiation, and go straight to a D81 for your consent order.

What happens if I do not tell the truth on either form?

Both forms require honest, full disclosure and are signed with a statement of truth. If you hide assets or give false information, a court can set aside a financial order later and may impose penalties. Full and frank disclosure protects you as well as your ex, because it makes the final order much harder to challenge.

Which form comes first?

If you use Form E, it comes first, during the disclosure stage, and the D81 comes later when you settle. If you have already agreed, there is no Form E stage. You go straight to the D81, Form A and consent order.

The bottom line

The whole of Form E vs D81 comes down to one thing: have you agreed? Form E is the detailed form for when a court needs the full financial picture to decide, so you each complete your own and back it with evidence. Form D81 is the shorter, joint form for when you have agreed and want a judge to approve your settlement as a consent order.

If you have reached a fair agreement, you are almost certainly looking at a D81 rather than a Form E, and the next step is a consent order to make it legally binding. You can read more court forms guides on our blog.