Making arrangements for your finances is one of the most important and complicated aspects of a divorce. You’ll need to separate your finances and assets from those of your spouse, a process that is not always straightforward.
Many couples prefer the idea of reaching a divorce settlement out of Court, using alternative dispute resolution processes. While this option is a great way to save money, time and stress, it is important that the couple ensures that any agreement they make is legally binding.
Any voluntary divorce settlement reached through alternative dispute resolution is not automatically legally binding. Couples will need to apply for a Consent Order to ensure this.
When you’re obtaining a divorce settlement and a Consent Order, there are plenty of considerations you’ll need to make to protect your interests.
In this article we’ll explore the subject of Consent Orders, establishing the definition, considering how often judges reject Consent Orders in the UK, and what you can do to ensure that your Order is accepted.
If you would like to discuss Consent Orders today, you can contact Crisp & Co, on 020 3613 3505.
What is a Consent Order?
When a couple get divorced, they will need to agree on how their finances should be split, for example, by using alternative dispute resolution processes to reach a voluntary divorce settlement. Once they have reached a financial settlement, they will be able to apply for a Consent Order, (this Order makes the agreement terms legally binding).
If you do not obtain a Consent Order, it is possible that your ex-spouse could decide to make a further claim to your assets and income at a future date. By having a Consent Order, you will ensure to end all financial ties with your ex-spouse, protecting your assets now and in the future.
What should be included in a Consent Order?
The Consent Order should establish the terms agreed in your divorce settlement, outlining how all property, possessions, assets and debts will be split between yourself and your ex-spouse.
What will be included depends on which assets have been determined to be marital assets and, therefore, subject to division between you and your ex-spouse.
Can a judge reject an agreed Consent order?
Yes, if a Court disagrees with a Consent Order, they can choose to reject it, even if you and your spouse have previously agreed that your finances will be divided in this way.
A judge will only approve a Consent Order if they believe that the financial agreement between yourself and your ex-spouse is suitable and fair in the circumstances.
You and your partner may have believed your agreement to be fair in the situation, but this can be hard to determine unless you have legal advice and guidance.
How often are Consent Orders rejected?
In the UK, the rejection of a Consent Order is not that common because the majority of divorcing couples choose to seek legal advice whilst reaching a divorce settlement, ensuring that their settlement is fair for both spouses.
That said, the rejection of Consent Orders does happen, and it is all the more likely where a divorcing couple have reached a financial settlement between themselves without any legal guidance or support.
It is not easy to handle finances after a divorce, with so many factors to consider when reaching a divorce settlement. With this in mind, divorcees should be aware that the chances of making an error in a Consent Order application are fairly high.
If the Court disagrees with your Consent Order, and you require legal assistance, please contact our experts at Crisp & Co for support.
Why might a judge reject a Consent Order?
When a judge reviews a Consent Order, they are checking to ensure that the terms are reasonable and fair for both parties, considering the overall circumstances of the divorcing couple. If they do not feel that the agreement is reasonable and fair in the situation, it is unlikely that they will accept the Order.
If one party, or both, have not given a full financial disclosure, it is likely that the Consent Order will be rejected. The same will be true if there is any evidence that one spouse has pressured or coerced the other to agree to certain terms.
If you and your ex-spouse previously applied for a Consent Order, and then your financial circumstances changed, this would be another reason that the judge might reject the Order.
In some cases, the rejection might simply be due to an error in the application. Whatever the reason for the rejection of the Order, the Court will provide you with details so that you will be able to make the necessary amendments, and reapply for the Order.
How to ensure your Consent Order is approved by the court
There are several things that you can do to ensure that your Consent Order is approved by the Court, including:
- You will need to ensure that both you and your spouse have given a full financial disclosure
- You should double check your application to ensure that no errors have been made
- It is strongly advised that you work with a solicitor when reaching a divorce settlement, they can support you to ensure that the agreement is fair, and that it will consequently be accepted by a judge
Where a Court disagrees with a Consent Order, they will provide feedback based on the issues, allowing you to change your application and resubmit.
What are the common reasons for rejection of Consent Orders?
There are several potential reasons that a judge will reject a Consent Order, such as:
- The judge does not believe that the divorce settlement is fair for both spouses in these circumstances
- The spouses have not provided a full financial disclosure
- Their spouses have made application errors, and consequently, the application is invalid
- The spouses have recently experienced a change in circumstances, usually financial, which means that the financial agreement is no longer appropriate
What should I do if my Consent Order is rejected?
If your Consent Order has been rejected, what you should do depends on the reason for the rejection. For instance, if your application was rejected due to a simple clerical error, you will likely be given instructions on how to correct this.
If your Order was rejected because the financial terms were considered unfair, you may need to change the terms of the divorce settlement between yourself and your partner. When your Order is rejected, the Court will provide information, so that you understand the areas that you will need to review and/or amend.
The Court may ask you to provide information detailing how you and your ex-spouse arrived at certain decisions for clarification and to ensure that all parties appreciate the conditions of the Order.
In some circumstances, the Court may ask the ex-spouses to attend a hearing if this is necessary to clarify the terms of the Order.
Do I need a solicitor to write a Consent Order?
Yes, when you are reaching a voluntary divorce settlement, and wish to have this agreement turned into a legally binding Consent Order, you will need the support of a solicitor to do so.
Failing to seek legal support could mean that your interests are not properly protected, that you do not fully understand the terms of the Order, or that your application is rejected by a judge.
Get in touch with our expert divorce and finances solicitors at Crisp & Co
If you need support to reach a financial settlement, and/or apply for Consent Order, please get in touch with our experts at Crisp & Co.
You can call us on 020 3613 3505 or fill in the contact form on our home page, and a member of our team will be in touch.