When separating, couples are strongly encouraged to reach an amicable financial agreement without going to court. This is usually quicker, less stressful, and far more cost-effective. However, even if both parties agree on the terms, the agreement is not legally binding unless it is approved by the court and turned into a Financial Order (often referred to as a Consent Order ).

Many separating couples are surprised to learn that the court can refuse to approve their agreement - even when both parties want it. So why does this happen?

Below, our family law team explains the most common reasons a judge may reject a proposed financial settlement in divorce proceedings.

1. The Court must ensure fairness

The court’s first duty under family law is to ensure the financial settlement is fair, reasonable, and meets the needs of both parties, as well as any children involved.

A judge may refuse to approve an agreement if:

• One party is left in a significantly weaker financial position.
• The needs of children are not adequately provided for.
• Assets are divided in a way that appears unbalanced without explanation.

Pensions are a common issue

If one spouse has a large pension and the other has little or none, the court will expect to see that pensions have been considered and properly disclosed. If they haven’t, the judge can refuse to make the order legally binding.

2. Incomplete or inaccurate financial disclosure

To approve a Consent Order, the court requires both parties to complete the D81 – Statement of Information form. This form explains:

• Each party’s financial position before the agreement
• What their circumstances will look like after the order is made

If the D81 is incomplete, inconsistent, or unclear, the court cannot be confident that the agreement is fair — and therefore may refuse to approve it.

3. The order has not been drafted properly

Even if the agreement is fair, the court will not approve it unless:

• The order is drafted in the correct legal format
• The wording clearly sets out what each party will receive
• It meets all legal requirements for a binding Financial Order

Poorly drafted orders are one of the main reasons agreements are rejected. A vague or incorrect order can create major problems later, including disputes or future claims.

4. Concerns that one party does not understand the agreement

A judge must be satisfied that both parties fully understand the terms of their settlement. If it appears that:

• One party may not have had legal advice
• One party may be disadvantaged
• There is a risk of exploitation or misunderstanding

…the court may pause or refuse the application and recommend independent legal advice.

Why Legal Advice Before Submitting a Consent Order Matters

Reaching your own agreement is positive — but getting legal advice before submitting it to the court can save significant delays, stress, and cost. A family lawyer can:

• Ensure full financial disclosure
• Properly draft a legally sound Consent Order
• Flag issues that may cause the court to reject the agreement
• Protect you from future financial claims

Our free 30-minute consultation can help you understand your options, identify potential issues, and guide you through the next steps to secure a binding and enforceable settlement. Fill out the form below to get in touch, or email us at help@switalskis.com .