A judge rarely rejects a consent order, but it happens most often when the order is unfair, lacks full financial disclosure, or is poorly drafted. Rejection is uncommon if parties have legal advice and the agreement is fair and comprehensive, but judges will send them back for changes if they appear unbalanced, especially regarding financial arrangements or child welfare.
Dividing matrimonial finances during divorce can often be achieved on a voluntary basis. However, any agreements reached will not be binding unless a consent order has been approved by the court. It is important to note that consent orders will not be automatically approved by a judge. A judge will only provide their approval if they are satisfied that the arrangements included in the consent order are fair and appropriate.
Without legal advice on your side, it can be difficult to determine what ‘fair’ is and what conditions need to be fulfilled to avoid a situation where a court disagrees with your consent order. Consent orders, and financial settlements as a whole, are something our expert team of family law specialists will be able to provide comprehensive guidance on.
For a free 30-minute initial chat with one of our divorce solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.
When does a judge reject a consent order?
Judges reviewing consent orders will only provide their approval if they determine that the agreement is fair and reasonable in the circumstances. Where they do not think the consent order is fair or appropriate, they will likely ask for the application to be altered and resubmitted.
You may also find that a judge rejects a consent order because:
- One or both parties failed to provide full and accurate financial disclosure
- All aspects of the situation have not been properly considered
- There is evidence of pressure or duress
- There has been a change in circumstances since the application was made
- Legal or clerical errors have been made in the application
It should be noted that dealing with finances following divorce can be extremely complicated, and it is easy to make genuine mistakes which could lead to a judge rejecting a consent order.
However, if both you and your former partner obtain specialist legal advice on the contents of the consent order and the impact it will have on your lives moving forward, it is much less likely that the consent order will be rejected. This is where the expertise of our specialist family law solicitors will prove invaluable.
What can I do if a judge rejects my consent order?
If a judge has rejected what they consider to be an inappropriate or unfair consent order, you will need to amend the original terms set out and resubmit a new application. It may also be necessary to supply further information on how you and your former partner came to the decisions included in the consent order to ensure that all parties understand its implications.
Can you change a consent order?
Whether or not you will be able to change the terms of a consent order will depend on various factors, including whether or not it has already been approved by the court and how cooperative your former partner is.
The parties involved should negotiate the terms, coming to an agreement which is then written into a consent order. Given how important decisions surrounding finances can be, you and your former partner are likely to have plenty of back and forth as you negotiate an agreement that works for you both.
After an application is submitted and then approved by a judge, it will be considered legally binding. This will have very important ramifications moving forward.
Are consent orders submitted without solicitors rejected more frequently?
Yes, consent orders submitted by individuals without legal professionals are rejected more frequently than those drafted by solicitors. This is because DIY orders are more likely to contain unfair terms, errors, or miss crucial legal clauses, and a judge will not provide legal advice to correct these mistakes. While courts always review all orders for fairness, legal professionals are better equipped to ensure the order is correctly drafted and legally sound, which increases the chances of it being approved.
Is a judge more likely to ask for amendments than reject a consent order?
A judge is far more likely to ask for amendments to a consent order than to reject it outright. Rejection is rare, usually occurring only when the order is deemed unfair, a result of duress, or based on incomplete financial disclosure. In most cases, if the order seems questionable, a judge will first request more information or clarification, or ask the parties to revise it to be fairer.
What happens immediately after a judge rejects a consent order?
Immediately after a judge rejects a consent order, the case is moved to a “ready for hearing” status, a hearing is scheduled, and the court will send out hearing notices. The parties will need to amend the consent order, provide further information or clarification, or prepare for a court hearing to discuss the terms with the judge.
Our family law solicitors nationwide are here for you
Applying for a consent order after reaching an agreement on your finances is a major step, providing security, peace of mind and giving you a financial clean break from your ex. So, to ensure that a judge is satisfied with your application, it is vital that you take expert legal advice to help clarify your options and whether the arrangements you have made are likely to be considered fair and appropriate.
At Woolley & Co, Solicitors, our team are here to provide tailored consent order legal advice and to make the process as simple and stress-free as possible.
To take advantage of your free 30-minute consultation with our expert family law solicitors, call 0800 321 3832, or complete our quick online form.
Michelle Brammer
Divorce and Family Lawyer, Melbourne, Derbyshire
