A Consent Order is a document issued by a family court that makes a financial agreement reached between a divorcing couple legally binding and enforceable. It is the role of the family court to review financial agreements and approve or reject the application. While there is no official data on how many Consent Orders are rejected by family court judges, from our experience, judges generally approve them as long as the financial agreement within them is fair to both parties and is well-drafted and legally valid. If the judge disagrees with the Consent Order, they may ask the parties concerned to change it rather than reject it outright.
Why a consent order might be rejected?
A Consent Order might be rejected by a family court judge for any of the following reasons:
- No provision has been made for the children
- The agreement is poorly drafted and not legally valid
- The financial agreement is unfair
- The parties have not provided full disclosure of their financial assets
No provision has been made for the children
Judges reviewing financial agreements following divorce will be particularly wary if there is no specific provision for the children from the marriage. Likewise, if the agreement appears to be unfair in terms of how much each party is contributing to the raising of the children, it is likely to be rejected. For example, a Consent Order may be rejected if the non-resident party is not sufficiently contributing to the day-to-day living costs of their children.
The agreement is poorly drafted and not legally valid
Most divorce financial settlement Consent Orders are drafted by family law solicitors to ensure that all aspects of the law have been covered, and the document is clear and valid. If the judge has concerns that the document has been poorly drafted, it is missing key information, or it does not make sense, it is likely to be rejected.
The financial agreement is unfair
The basic principle that UK family courts adhere to is that financial agreements following divorce must be fair. This does not mean that a 50:50 split is always necessary, but the agreement should be based on the full facts of the individual situation, including the financial resources and needs of both parties. If the agreement appears to favour one party over the other, it may be rejected. This is especially so if there are signs that one party has placed pressure on the other to accept a less favourable settlement than the one to which they are entitled. Most judges are also extremely alert to the need for fairness when it comes to pensions. If they find that one party will benefit from their entire pension pot but the other has no provision for retirement, they may reject the application on this basis.
The parties have not provided full disclosure of their financial assets
If the judge has any concerns that one or both parties have not given a true account of their finances, for example, they have omitted certain assets such as property, vehicles, businesses, etc, they will almost certainly reject the agreement. The family courts take a dim view of any deliberate attempt not to provide full disclosure of financial assets that are intended to gain an unfair advantage.
What to do if your consent order is rejected
If your Consent Order has been rejected for any reason, it is always advisable to speak to your solicitor in the first instance. They will review the reason for refusal and recommend the best course of action. In most cases, rather than reject the request outright, you will have the chance to amend your Consent Order application. Depending on the circumstances of your case, your Solicitor may recommend:
- Amending and submitting the application – this is likely to be the case if there is a simple mistake, the document needs to be redrafted for clarity, or if amendments are needed to make the agreement fairer to both parties and any children concerned.
- Provide full financial disclosure – if the judge has concerns that you did not provide full financial disclosure, you will either need to add any missing information or provide evidence that the information you provided was correct. Your family lawyer can assist with this matter and ensure that the evidence you provide is sufficient to support your application.
- Updating your application – if your circumstances have changed, you may simply need to amend the Consent Order to reflect your current situation and that of your ex-partner and children.
In any event, it is important to review and make sure you understand the reasoning provided by the judge as to why your application for a Consent Order was refused.
How to avoid consent order rejection
To avoid your Consent Order being rejected in the first instance, it is important to instruct a family lawyer who can handle the process for you. They understand the process and exactly what the judge will be looking for. It is also important to reach a fair agreement with your ex-partner that takes into account both your needs and those of your children.
Additionally, always make sure that you provide full and frank disclosure of your financial assets. Failure to be transparent regarding your financial assets will most likely result in delays, greater costs, and potentially a less favourable settlement for yourself. Likewise, if you are concerned that your partner has not made a full financial disclosure on Form E, make your family lawyer aware of this, as they will recommend the best course of action.
