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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

When is a consent order rejected?

6 replies

abstractprojection · 10/01/2020 11:16

My tummy is in knots, as I was expecting everything to be complete by the end of this month, but court delays mean a further 12 weeks for the consent order. I'm getting nervous that it could be rejected.

Has anyone had one rejected and if so why?

This was created out an agreement reached in mediation, written up and submitted by my solicitor, along with financial information that we both filled in. I'm basically buying my ex out of the flat. It is on the lower end of what a court could award my ex, but just within the range, based on the separate advise of both my solicitor and the mediator. There are no children or other assets considered high enough to include.

My concern is that I've seen a few people write 'the court rejected it and asked for more detail'. Although we filled in the financial information attached to the consent order (income, savings, pensions, property value etc.), it didn't seem as comprehensive as Form E which included things like outgoings etc. The other is that I gave both the mediator and solicitor a Zoopla estimation, which both said was sufficient for a mediated agreement, but may not be if we didn't settle and went to court.

I have double checked with the online divorce team (via Gov website) and they say that I don't need to submit a Form A or E as they've received the consent order.

OP posts:
Youreadthebabybooks · 10/01/2020 20:16

Mine came back with queries on whic have gone back to judge
Does delay it but apparently normal to have queries when not a 50:50 split
Who knows ? I’ll let u know if I hear more
Been told if judge not happy with answers to queries they can call us to a court date

Tippletopple · 11/01/2020 22:45

Ours got rejected, but only because we'd agreed an arrangement which - as above - didn't tow the usual "sell the house and split proceeds equally" line. All it required was a letter to the court confirming, yes, we defnitely did want that arrangement. It delayed things and cost us more in solicitors fees, but was no biggie legally.

Toomanycats99 · 13/01/2020 21:54

The solicitor advised the form e was for his benefit so he was comfortable we had declared everything. He drafted consent order and only that went to judge.

Ours was 70/30 equity split in my favour. Agreed maintenance lower than csa suggested. No pension or other asset sharing. It was accepted no issues.

abstractprojection · 15/01/2020 18:53

Thanks that’s pretty useful and fairly reassuring to know

OP posts:
Ditched · 27/02/2022 08:49

Hi please help I feel sick to my stomach.

My consent order was rejected by judge as it’s heavily in my favour as my husband wishes to absolve himself of future responsibility for our 3 girls’s Indian weddings (all adults now). He says this way it’s up to me if I downsize or remortgage to pay for their weddings which for Indians is responsibility of father of the bride(s) and I am happy with the arrangement.

Judged rejected saying not fair but also that insufficient information provided for parties pension provision and also pension information was not provided in full and breakdown of parties pension values and properties is not possible to understand - solicitor was provided all information but sounds like he did not complete properly.

What do we say to judge to get it sealed? The only reason for consent order is because even though my X has moved into his new home where he has had a loft conversion and purchased everything new he still has a tendency to make demands and question everything - he decided to leave and agreement was lead by him and I agreed as it favoured myself but I don’t know what to do now - can you help?

pennee · 27/02/2022 09:07

I had a consent order rejected as it wasn’t in my favour. I knew this and understood but was at a stage where my finances were coming right and I could move on with my life due to job changing etc. My solicitor advised asking for a private hearing with the judge with the solicitor present and he agreed. On the day I explained my position and why I wanted the order to go ahead, he wanted to check I wasn’t being pushed into it and when I explained my future position he agreed it was in my interests. Maybe you could ask for this if you feel it’s fair etc.

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