How Often Does a Judge Reject a Consent Order in the UK?

By Lara Jayne Davies, Head of Legal at OLS Solicitors

When you’re going through a divorce, making arrangements for your finances can be one of the most daunting steps. At OLS Solicitors, I often speak to clients who assume that once they’ve agreed everything with their ex, the hardest part is over. But when it comes to formalising that agreement, especially through a Consent Order, there are still a few hurdles to be aware of—particularly the role of the court.

One of the most common questions I’m asked is: “Can a judge reject our Consent Order?” The short answer is yes, they can. But with the right preparation, it’s usually avoidable.

What is a Consent Order?

A Consent Order is the legal mechanism that turns your financial agreement into something enforceable by the court. It’s what protects you from future claims and ensures that both parties know exactly where they stand after the divorce.

It sets out how assets will be divided—such as property, pensions, savings, debts, and income—and can also include clean break clauses to formally end financial ties.

Without a Consent Order, even if you’ve amicably agreed who gets what, your ex could come back months—or even years—down the line and make a financial claim.

Can the Court Reject a Consent Order?

Yes—and this often comes as a surprise to people.

Even if you and your ex have reached what you believe to be a fair settlement, a judge has a duty to ensure that the agreement is just and reasonable. If they’re not satisfied that the order reflects a fair outcome, they can reject it or request changes.

How Often Do Judges Reject Consent Orders?

In my experience, the majority of Consent Orders are approved if they are drafted correctly and both parties have made full financial disclosure.

However, rejection is more common when:

• The couple hasn’t taken legal advice
• There’s a significant imbalance in the division of assets
• The application contains errors or omissions
• One party hasn’t fully disclosed their financial situation

Judges are particularly cautious if there are children or ongoing maintenance obligations involved.

Common Reasons for Rejection

Here are the typical red flags that might lead a judge to reject a Consent Order:

• Lack of full financial disclosure: Both parties must be transparent about their finances.
• Unfair division of assets: If one person walks away with everything while the other gets very little, the court may intervene.
• Coercion or pressure: Any sign that one party was pressured into the agreement will raise concerns.
• Errors in the paperwork: Even small mistakes in the figures or terminology can delay approval.
• Changes in circumstances: If your situation has changed since agreeing the terms—especially financially—it may need to be reassessed.

What Happens if Your Consent Order is Rejected?

If the court doesn’t approve your order, you won’t be left in the dark. Judges will usually explain the issue and give you the chance to amend and resubmit.

Depending on the reason for rejection, you might:

• Need to correct minor errors
• Provide further explanation of the agreement
• Update your financial information
• Revisit the terms of the settlement entirely

In some cases, the court might ask you to attend a short hearing so the judge can ask questions directly.

How to Avoid Rejection

Here’s my best advice to ensure your Consent Order is accepted first time:

• Get legal advice: A solicitor will know what judges are looking for and can draft the order using correct legal language.
• Disclose everything: Hiding assets—intentionally or not—can lead to rejection or worse.
• Aim for fairness: The court won’t approve an order that appears lopsided or unreasonable.
• Use a fixed-fee service: At Divorce-Online, we offer fixed-fee Consent Orders, prepared by highly experienced solicitors, so you know exactly what to expect.

Final Thoughts

Applying for a Consent Order may feel like a formality, especially if your divorce is amicable—but it’s a critical step in protecting your future. Without one, you remain financially tied to your ex. And if it’s not done properly, you risk delays, rejection, or future disputes.

My team and I have helped thousands of couples formalise their financial agreements and move forward with confidence. If you need advice or assistance, we’re always here to help.

📞 Call us on 01793 384 140
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Lara Jayne Davies
Head of Legal, OLS Solicitors
Specialist in Divorce & Financial Settlements