Form E and Form D81 Wales Divorce: Financial Disclosure Step by Step

Which Form Do You Need?

The answer depends on whether you and your spouse have reached agreement.

Form D81 applies when you have agreed on a financial split and want the court to approve it as a consent order. It is a 23-page summary providing a comparative snapshot of both parties' finances before and after the proposed division.

Form E applies when you cannot agree and are heading to contested financial remedy proceedings. It is a comprehensive 29-page financial statement requiring a full breakdown of every asset, liability, pension, and income source, backed by 12 months of supporting documents. Form E must be exchanged between the parties at least 35 days before the first court appointment.

Most couples who negotiate successfully — whether directly, through mediation, or with solicitor assistance — only need Form D81.

What You Need to Gather

Both forms require the same underlying financial information. Start collecting these documents early, ideally during the 20-week reflection period:

Property: current market valuations for every property you own (joint or sole). Estate agent valuations are acceptable for consent orders; contested cases may require a formal RICS surveyor report.

Bank accounts: 12 months of statements for every account in your name, your spouse's name, or held jointly. This includes current accounts, savings accounts, ISAs, and investment accounts.

Pensions: a Cash Equivalent Transfer Value (CETV) from every pension provider, requested using Form P. Defined benefit scheme CETVs can take up to three months to arrive — request them immediately.

Income: recent payslips (three months of payslips or, if self-employed, two years of tax returns and business accounts).

Debts: current balances and monthly payments for mortgages, personal loans, credit cards, hire purchase agreements, and any other liabilities.

Vehicles and valuables: current resale values for vehicles, jewellery, art, or other assets worth more than £500.

Completing Form D81

The March 2022 revision added a requirement for explicit "net effect" calculations. Each section now asks you to show what each spouse will have after the proposed split — not just what they have now.

The key sections:

Capital — list all properties, bank accounts, investments, and personal assets, showing current values and how they will be divided. The form asks for separate columns: "Applicant's Assets", "Respondent's Assets", and "Proposed Division."

Pensions — list every pension with its CETV and state whether a pension sharing order, offsetting, or attachment is proposed. If offsetting, explain the basis for treating pension capital as equivalent to non-pension assets.

Income — state each spouse's current earnings and any proposed maintenance arrangements (amount, duration, and whether a clean break will follow).

Net effect — the bottom section requires a clear statement of each party's net capital position and income position after the proposed orders take effect. This is what the judge reads first when assessing fairness.

Completing Form E

Form E is significantly more detailed. Beyond everything required for the D81, it includes:

• A detailed narrative of the marriage and financial history
• Full business accounts if either spouse is self-employed or a company director
• Trust interests, expected inheritances, and any gifts received during the marriage
• A section on each party's financial needs and a proposal for how the court should divide the assets

Form E is exchanged simultaneously between the parties, with the completed form and supporting documents prepared for the First Appointment.

Welsh Language Option

Welsh speakers have the statutory right to complete financial disclosure using the official Welsh-language version of Form E (Datganiad Ariannol: Ffurflen E). The Help with Fees application can also be submitted using the bilingual EX160 form. Using Welsh-language forms carries no procedural disadvantage and cannot delay the case.

Common Mistakes

Omitting pensions — every pension must be disclosed, even small workplace auto-enrolment pots. Failing to declare a pension can result in the consent order being set aside.

Stale valuations — valuations for volatile assets such as shares or business interests older than six months are typically rejected in contested proceedings, requiring updated expert reports. Even for consent orders, the judge may query outdated figures.

Missing the net effect section on D81 — leaving this blank or providing incomplete calculations is the single most common reason for consent order rejections.

Undervaluing defined benefit pensions — treating a final salary CETV as equivalent to the same amount in cash or property can produce a fundamentally unfair settlement.

Get the Disclosure Right

Incomplete or inaccurate financial disclosure is the fastest way to delay a settlement or have a consent order rejected. The Wales Divorce Financial Split Guide includes a document organiser checklist and a Form D81 companion guide that walks through each section with worked examples, ensuring your submission is complete and correctly calculated on the first attempt.

See more Wales guides →