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My wife and and I have mutually agreed our financial settlement and wish to complete a consent order.
What happens if the court decide it isn't fair?
Is there anything we can do to convince the court that even though the settlement is unequal in their eyes that we are happy for it to proceed as we mutually agreed?
Is there perhaps a legal statement that we can make that shows this?
What happens if they disagree, do we have to go back to square one and go through the process again?
Thank you.
Replies (1)
Hi Stuart,
Thank you for getting in touch with amicable.
A consent order isn’t normally a document you can prepare yourself without legal training. Instead, it should be properly drafted by a legal professional as it will need to include certain legal clauses and there is no template for this. This is where amicable can help.
As you mention, it’s always a good idea to include the rationale for how you’ve decided to split things so that the judge understands what you are seeking to achieve and can check that is fair and achievable from what is set out in the consent order. This can be added to a Form D81. Our legal specialists can help draft this document too.
If your consent order is rejected, the judge may respond with queries which you may need to address for the consent order to be granted. You will then have to resubmit it with revised terms or a further explanation. Sometimes couples have to go to a physical hearing (via video conferencing currently) so the judge can ask them questions to confirm they know what they’re agreeing to.
At amicable, our specialists ensure your consent order has the best chance of being approved by the courts. You can find more information here in this blog about consent order
We wish you all the best,
Tatiana from amicable