A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Consent Order refused by Judge - advice please?

  • RedPoppies
  • RedPoppies's Avatar Posted by
  • Premium Member
  • Premium Member
25 Jan 18 #499038 by RedPoppies
Topic started by RedPoppies
Thanks for reading - the Consent Order submitted has been refused saying there is a lack of information about housing needs, pensions, capital assets etc and asking for justification of the departure from equality of capital - ie it is heavily weighted in HIS favour.

I do not want to justify the departure from equality as basically I have been bullied into it and signed it just to get it over with - I have suffered significant mental health problems as a result of 12 months psychological abuse from him and am on meds and under care of mental health at local hospital.

I CANNOT possibly face this man in Court - I would have a serious breakdown but I do want the Order to be changed and I do want to try and get my entitlement and not be bullied any more.

Can I do anything at this point? Who should I get advice from? Solicitor? Barrister? Grateful for advice


  • Mitchum
  • Mitchum's Avatar
  • Moderator
  • Moderator
26 Jan 18 #499039 by Mitchum
Reply from Mitchum
Sorry you're going through this very stressful episode, but the judge is actually looking after your best interests. They will not just sign an order because the two of you have reached agreement. Any judge has to be convinced that the agreement is fair, and having looked at the circumstances he/she is clearly concerned that in your case it's not. You're ill and feel you can't take more aggression, but assess carefully how you are going to manage financially into the future.

The first thing to do is not panic and read the judges comments.

It would then be useful to provide the judge with a clear picture as to why you have reached that conclusion. You can respond to the judge via letter detailing the rationale behind your agreement and the judge may, in light of the information you provide, agree to the order. It would be best to have the agreement drawn up by a lawyer.

If not, the judge may request that you both attend a hearing, so that he/she can hear for themselves that you have taken legal advice and that you understand and are happy with the deal.

From what you say you couldn't cope with that.

Don't panic. Although it is a court hearing, it is more of a fact finding meeting for the judge to go through the order to make sure you both understand what you are signing up to.

  • Clawed
  • Clawed's Avatar
  • Platinum Member
  • Platinum Member
26 Jan 18 #499040 by Clawed
Reply from Clawed
Could you take legal advice or maybe use the helpline to come up with a revised proposal using the judge's comments as evidence and send that to your ex to see if he is willing to have a new more fair Consent Order drawn up.
My Consent Order was rejected and I was happy to go to court to say that I signed of my own volition and knew what I was agreeing to, it was very low key just ex and I in front of a judge who spoke directly to each of us, we didn't have to speak to each other, it wasn't a hearing as we had no intention of making any changes we just wanted the judge to sign it off which he did.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11