Reaching a financial agreement in a divorce is an important step, but it doesn’t automatically mean it will be approved by the court. If you’re applying for a consent order, it’s important to understand why rejections happen and how to avoid them. In this guide, we explain how often judges reject consent orders, the most common reasons for refusal, and how to make sure your agreement gets approved.
What is a consent order?
A consent order is a formal legal document used in divorce proceedings to make a financial settlement legally binding. It ensures that both parties adhere to agreed financial terms and prevents either from making future claims. A consent order can cover matters such as:
Division of assets
Pension arrangements
Maintenance payments
Debt responsibilities
Once agreed, the consent order is submitted to the court for approval. A judge will review it to ensure it is fair and legally enforceable.
Can a judge reject a consent order?
Yes, a judge can reject a consent order if they believe it is unfair, unclear, or does not meet legal requirements. The court’s role is to protect both parties and ensure the agreement is reasonable, particularly if children’s financial needs are involved. If the judge raises concerns, they may:
Request more information before making a decision.
Suggest modifications to make the agreement fairer.
Refuse approval if the agreement is fundamentally flawed.
In most cases, the couple will have an opportunity to revise the order and resubmit it for approval.
How often does a judge reject a consent order?
There are no official statistics on how frequently judges reject consent orders in the UK. However, most consent orders are typically approved, especially when couples seek legal advice to ensure their financial settlement is fair. However, rejection can happen - particularly if the agreement has been made without legal guidance.
Common reasons for rejection include unfair terms, missing financial details, or errors in the application. Given the complexity of financial settlements, mistakes can easily be made. If the court has concerns, they may request changes or additional information before approving the order.
Common reasons why a consent order might be rejected
A judge carefully reviews a consent order to ensure it is fair, legally sound, and protects both parties. If an agreement does not meet these standards, it may be rejected. Here are the most common reasons why:
1. Unfair financial settlement
If one party benefits significantly more while the other is left in financial hardship, the judge may refuse approval. The court ensures that settlements are balanced and reasonable, even in amicable divorces.
Example: If one spouse gets all the assets while the other receives nothing, the judge is likely to intervene.
2. Lack of full financial disclosure
Both parties must fully disclose their assets, income, pensions, and debts. If the judge suspects that one party is hiding assets, they may question the agreement’s validity.
Example: If one spouse fails to declare offshore savings or investments, the court may reject the order until full disclosure is made.
3. No financial provision for children
The court prioritises children’s welfare. If the agreement fails to provide child maintenance or financial support where necessary, the judge may refuse approval.
Example: If one parent earns significantly more but does not contribute towards child expenses, the judge may amend or reject the order.
4. Vague or unclear terms
A consent order must be clear, specific, and legally precise. If it contains ambiguous wording or lacks key details, the judge may ask for clarifications or amendments.
Example: A vague statement like "Party A will keep the house" may be unclear. Instead, it should specify ownership transfer, mortgage responsibilities, and timeframes.
5. Failure to comply with legal guidelines
A consent order must follow legal rules set out in family law. If the agreement does not adhere to legal requirements, the court may request modifications before approval.
Example: If the order excludes essential financial rights without justification, the judge may challenge its fairness.
6. Unfair pension division
Pension sharing orders must be fairly distributed. If one party retains the majority of the pension, leaving the other with little or no retirement provision, the judge may intervene.
Example: If one spouse keeps the entire pension pot while the other has no savings for retirement, the court may adjust the settlement.
What can you do if your consent order is rejected?
If a judge rejects your consent order, don’t panic - this doesn’t mean your financial settlement is lost. The court will usually explain the reasons for rejection, and you’ll have options to revise and resubmit the order. Here’s what you can do:
1. Amend the order and resubmit
If the judge finds the agreement unfair, unclear, or legally inadequate, you may need to make changes before resubmitting. This could involve:
Adjusting unbalanced financial terms to ensure fairness.
Clarifying vague language to remove ambiguity.
Adding child maintenance provisions if needed.
2. Provide additional financial evidence
If the rejection is due to incomplete financial disclosure, you may need to submit extra documentation. This could include:
Updated asset valuations (e.g. property, pensions, or investments).
Proof of income or debts to give a full financial picture.
Supporting documents clarifying how the agreement was reached.
3. Seek legal advice
If your DIY consent order was rejected, it may be worth consulting a family law solicitor to:
Review the court’s feedback and identify necessary changes.
Redraft the consent order to meet legal and fairness requirements.
Negotiate modifications with your ex-spouse if needed.
Three top tips to ensure your order is approved
Get legal advice – Using a solicitor to draft your consent order ensures it’s legally sound, fair, and clearly written. This reduces the risk of rejection or delays.
Make sure it’s fair – Judges won’t approve an agreement if it leaves one person at a serious financial disadvantage. A balanced division of assets, pensions, and property is key.
Be fully transparent – You must disclose all finances, including assets, income, and debts. Hiding information can lead to rejection or even legal issues later on.
FAQ
Can a judge change a consent order instead of rejecting it?
No, if changes are needed, the judge will ask the parties to revise and resubmit the order rather than modifying it themselves.
Is a hearing always required if a judge rejects a consent order?
Not necessarily. In many cases, amendments can be made and resubmitted without a hearing.
Can a rejected consent order delay a divorce?
Yes, delays can occur if significant amendments are required before approval.
Final thoughts
Most consent orders are approved, especially when they’re fair, well-drafted, and legally sound. However, judges can reject them if key financial details are missing, the agreement is unclear, or one party is left at a disadvantage.
To improve your chances of approval, ensure full financial disclosure, seek legal advice, and make sure the settlement is balanced for both parties. If your consent order is rejected, you’ll usually have the chance to amend and resubmit it. Taking the right steps early on and seeking professional legal advice from a divorce solicitor is the best way to ensure a smooth and successful consent order approval process.