Can a judge reject a consent order?

Ultimately, the Court encourages parties to settle their matrimonial disputes amicably and, accordingly, the Court is open to parties compromising their claims for financial provision and reaching an agreement between themselves, directly.

If the parties are able to reach an agreement between themselves as to the division of the matrimonial assets—for example, properties, capital, contents, liabilities and pensions —and how those are practically to be divided between them both, the terms of the agreement can be recorded in a document known as a ‘consent order’.

A consent order is essentially a draft Court Order recording the terms of the agreement reached. Both parties will sign the draft Court Order confirming their agreement to the terms. This Consent Order will then be sent to the Court for a judge to consider the contents. The agreement only becomes legally binding if approved by the Judge, and sealed by the Court.

Once approved, the consent order’s terms become legally binding, meaning either party can enforce the terms against the other party.
It should be noted that a Financial Court Order is the only legally binding financial agreement available. Any agreement reached between parties which is not sealed by the Court is not legally binding. On that basis, those agreements remain vulnerable, with the terms possible of being ‘overridden’ if later considered by the Court.

A Court can reject a consent order and request a change of its contents if they have reason for doing so. The Court will be considering whether the terms of the agreement represents a fair and proper financial provision for the parties in all the circumstances of the case.

So as to enable to the Court to make that decision, the parties must submit alongside the Consent Order an overview of their respective financial positions in a standard Court form, called a D81. This is not optional.

The Court will not be able to approve the Consent Order without this financial information being provided.

Even if a financial agreement has been reached amicably and is handled with respect and healthy compromises from both sides, a consent order is still necessary.
Consent orders are needed to ensure that financial agreements are legally binding. They:

1. Prevent alterations being made to the agreement and disagreements over details frustrating the overall process.
2. The appraisal process from a judge ensures that the agreement is fair and balanced.
3. Are drafted by legal professionals to ensure they are enforceable by the Court and so they have the proper legal framework and experience behind them.
4. They ‘bookmark’ where entitlement to assets begins and ends. If one party suddenly gains access to a newfound source of wealth, this will be protected by the consent order and can’t be claimed for once the agreement is in effect.

Circumstances can change overnight, and what was originally a fitting agreement can quickly become inadequate for one party. In such a situation, the consent order protects one side’s assets from being encroached upon by the other.

The best way to begin the process of getting a consent order in place is to contact an experienced law firm who can oversee the task for you.

Though you can file a consent order independently, it must be officially drafted by a qualified solicitor in order to progress to the court’s for approval.

By seeking professional legal help early, you can ensure your agreement gets off on the right foot and that the expectations for both sides are realistic and fair.