However, a consent order is not simply rubber-stamped. A judge must review and approve the terms before the order takes effect. This naturally raises the question: how often does a judge reject a consent order, and what happens if they disagree with yours?
Understanding the process, and the reasons orders are sometimes sent back, can help you avoid unnecessary delays and ensure your agreement is approved first time.
What is a consent order?
A consent order is a legal document that makes your financial agreement binding following a divorce. It sets out how property, savings, pensions, investments, debts, and other assets will be divided between you and your former spouse.
Without a consent order, any voluntary agreement you reach, whether through mediation, negotiation, or another form of alternative dispute resolution, is not legally enforceable. This means your ex-partner could potentially make a further claim against your assets or income at a later date, even years after the divorce.
A consent order brings finality. Once approved by the court, it ends all financial ties between you and your former spouse, protecting both parties now and in the future.
What should a consent order include?
A consent order should clearly set out the terms of your financial settlement, covering how all marital assets and liabilities will be divided. This typically includes:
- Property – who keeps the family home, whether it will be sold, or how equity will be divided
- Pensions – any pension sharing or offsetting arrangements
- Savings and investments – how bank accounts, ISAs, shares, and other financial assets will be split
- Debts – responsibility for mortgages, loans, credit cards, and other liabilities
- Spousal maintenance – whether one party will make ongoing payments to the other, and for how long
- Clean break provisions – whether the order includes a clean break, ending all future financial claims
The order must be accompanied by a Statement of Information (Form D81), which provides the court with a summary of both parties’ financial positions. This allows the judge to assess whether the agreement is fair.
Can a judge reject a consent order?
Yes. When a consent order is submitted to the court, a judge will review the terms to determine whether the agreement is fair and reasonable in the circumstances. If the judge is not satisfied, they can refuse to approve the order.
It is important to understand that the court’s role is not simply to check for errors. The judge is considering whether the agreement appropriately reflects the needs and resources of both parties, including any children of the family. Even where both spouses have agreed to the terms, the court can intervene if it believes the outcome is not just.
How often are consent orders rejected?
In practice, the outright rejection of a consent order is relatively uncommon. The majority of consent orders are approved without issue, particularly where both parties have had the benefit of independent legal advice and have provided full financial disclosure.
That said, orders are more likely to be queried or sent back where couples have reached an agreement without professional guidance. Without legal advice, it can be difficult to assess whether an agreement is genuinely fair, and small oversights in the application itself can lead to delays.
Where a judge does have concerns, they will not necessarily reject the order outright. In many cases, the court will raise queries or request further information before making a decision. This gives you the opportunity to address any issues and resubmit.
Why might a judge reject a consent order?
When a court disagrees with a consent order, it is usually for one of the following reasons:
The agreement appears unfair
The most common reason for rejection is that the judge considers the terms to be significantly weighted in favour of one party. The court will look at the overall circumstances, including each party’s income, earning capacity, assets, needs, and standard of living, to assess whether the agreement is balanced.
Incomplete financial disclosure
Both parties are required to provide full and frank financial disclosure before a consent order can be approved. If the judge suspects that either party has not disclosed all of their assets, income, or liabilities, the order is likely to be refused.
Evidence of pressure or coercion
If there is any indication that one party was pressured, coerced, or unduly influenced into agreeing to the terms, the court will not approve the order. Both parties must have entered into the agreement freely and with a clear understanding of what they are agreeing to.
Errors in the application
Sometimes a consent order is sent back for straightforward administrative reasons, such as missing information, incorrect figures, or forms that have not been completed properly. While frustrating, these issues are usually easy to resolve.
A change in circumstances
If there has been a significant change in either party’s financial circumstances between reaching the agreement and submitting the order, for example a job loss, inheritance, or major change in income, the judge may consider that the terms are no longer appropriate.
Inadequate provision for children
Where there are children of the family, the court will pay particular attention to whether the agreement makes adequate provision for their needs. This includes housing, financial support, and the overall stability of their living arrangements.
How to ensure your consent order is approved
While there are no guarantees, there are several steps you can take to significantly reduce the risk of your consent order being rejected:
- Provide full financial disclosure – Ensure that both you and your former spouse have been completely transparent about all assets, income, pensions, debts, and liabilities. The court takes non-disclosure very seriously.
- Seek independent legal advice – Having a solicitor review the terms of your agreement before submission is one of the most effective ways to avoid rejection. A solicitor can identify potential issues and ensure the agreement is fair and properly drafted.
- Check your application carefully – Administrative errors are an avoidable reason for delay. Review all forms, figures, and supporting documents before submitting.
- Consider the needs of both parties – An agreement that leaves one party in a significantly worse position than the other is more likely to be queried. The court expects a fair outcome, not necessarily an equal one.
- Ensure provision for children – If you have children, make sure the agreement adequately addresses their housing, financial needs, and overall welfare.
What happens if your consent order is rejected?
If the court disagrees with your consent order, it does not mean your divorce or financial settlement has failed. The judge will provide reasons for the refusal, along with guidance on what needs to change.
Depending on the reason for rejection, you may need to:
- Correct administrative errors and resubmit the application
- Provide additional financial information or documentation
- Renegotiate certain terms of the agreement with your former spouse
- Attend a hearing so the judge can clarify specific points or ask questions about how certain decisions were reached
In most cases, addressing the court’s concerns and resubmitting the order is a straightforward process. However, if the rejection relates to fundamental issues of fairness, you may need further legal advice to renegotiate the terms.
Do you need a solicitor for a consent order?
Strictly speaking, you are not legally required to use a solicitor to draft a consent order. However, it is strongly recommended.
A solicitor can help ensure that your agreement is fair, that all necessary financial disclosure has been provided, and that the application is correctly completed. This significantly reduces the likelihood of the order being rejected or delayed.
Perhaps more importantly, a solicitor can help you understand the full implications of the terms you are agreeing to, ensuring that your interests are properly protected for the long term.
Getting help with your consent order
If you need advice on reaching a financial settlement or applying for a consent order, our experienced divorce finance solicitors can guide you through every step of the process.
Whether you are negotiating an agreement, preparing your application, or dealing with a consent order that has been rejected, we can help you achieve a fair outcome as efficiently as possible.
Contact us to speak to a specialist solicitor, or request a free initial consultation.
