Can a Court Refuse to Approve a Consent Order?

Lisa Pepper

You’ve negotiated hard and reached a financial settlement with your ex-spouse. You’ve both signed the paperwork. You may assume the difficult part is over. But in England and Wales, a consent order only becomes legally binding once a court approves it — and approval is not automatic.

Courts have the power to reject consent orders if they are not satisfied that the terms are fair and just. In high-value divorce cases, this happens more often than people expect. Understanding when and why a court might refuse to approve your agreement — and what happens if it does — is essential for anyone negotiating a financial settlement in divorce.

This article explains how consent orders work, when courts intervene, and what a high-profile recent case tells us about the limits of agreed settlements. If you are negotiating a financial settlement in divorce, our divorce lawyers can advise you on how to structure an agreement the court is likely to approve.

What is a consent order in divorce?

A consent order is a legally binding court order that records the financial agreement reached between divorcing parties. Once approved by a judge, it finalises the division of assets — including property, savings, pensions, and investments — and provides a clean break so that neither party can make further financial claims against the other in the future.

Without a consent order, financial claims between former spouses can remain open indefinitely. Even if you have been separated for years, your ex could — in theory — make a financial claim if you later come into significant assets, such as an inheritance or business windfall. A consent order prevents this.

The process involves both parties providing full financial disclosure, agreeing terms, and submitting the draft order to the court for approval. It is also used to record agreements reached through mediation or collaborative law.

Does a court automatically approve a consent order?

No. A common misconception is that once both parties agree, the court simply rubber-stamps the arrangement. In reality, judges retain full discretionary authority to approve or reject a consent order.

The court is not a passive bystander. A judge will review the terms of the agreement and will only approve it if satisfied that it is fair and reasonable in all the circumstances. The court must be able to make an informed assessment — which is why complete and accurate financial disclosure from both parties is a prerequisite for approval.

In straightforward cases, where assets are clearly documented and the settlement appears reasonable, the court will usually approve the order without a hearing. But in complex or high-value cases — particularly where there are questions about the true extent of either party’s wealth — the court may look more closely before giving its approval.

When will a court refuse to approve a consent order?

A court may decline to approve a consent order in a number of circumstances, including:

• Incomplete or misleading financial disclosure — if the court has reason to believe that one party has not been fully transparent about their assets, it cannot make a properly informed decision and may decline to approve the order
• A settlement that appears significantly unfair — the court will not simply ratify any agreement the parties have reached; it must be satisfied the terms are fair given both parties’ financial positions
• Significant changes in circumstances since the agreement was reached — particularly in high-value cases where negotiations can take years, the financial landscape may shift dramatically before the order is finalised
• Ongoing or anticipated litigation that could materially affect the asset base — if one party faces civil proceedings, regulatory action, or potential liability that could substantially change what they are worth, the court may conclude it is premature to approve any settlement
• The agreement would leave one party without adequate financial provision — particularly where one spouse has been financially dependent

The Bogolyubov case: when the court said no

The case of Bogolyubova v Bogolyubov & Anor [2023] EWCA Civ 547 illustrates precisely when and why a court will refuse to approve an agreed financial settlement, even in a case where both parties wanted the order to proceed.

Ukrainian billionaire Gennadiy Bogolyubov and his wife Sofia had negotiated a separation agreement in 2017. After significant delays, this became a draft consent order in 2021. At the time the original agreement was reached, Mr Bogolyubov’s wealth was documented at approximately £1 billion.

By the time the consent order came before the court for approval in 2023, the picture had changed dramatically. Mr Bogolyubov was facing a 13-week civil fraud trial and a worldwide freezing order. He had himself acknowledged “a good arguable case” of fraud that could potentially affect his entire asset base. Meanwhile, his formal court filings placed his actual wealth at approximately £3.8 billion — far higher than originally disclosed.

Under the draft consent order, Mrs Bogolyubov would have received £95 million, subject to the freezing order being varied or discharged. The Court of Appeal upheld the Family Court’s decision that approving the order in those circumstances would be “illogical and wrong”.

The court’s reasoning was straightforward: if the fraud proceedings resulted in a finding against Mr Bogolyubov, his entire asset base could be eliminated — potentially leaving Mrs Bogolyubov with nothing despite a nominally agreed settlement. The court was not prepared to approve a financial order without first understanding the true extent of the husband’s assets and liabilities.

The case is a powerful reminder that a consent order is not simply a private agreement between the parties — it is a court order, and the court takes its responsibility to scrutinise it seriously.

What happens if a consent order is rejected?

If the court declines to approve a consent order, the parties do not have a binding financial settlement. The options at that point include:

• Revising and resubmitting the draft — if the court raises concerns about specific terms, it may be possible to amend the agreement to address those concerns and resubmit it
• Further negotiations — the parties return to negotiations, either directly, through solicitors, through mediation, or by way of a private financial dispute resolution (FDR) hearing
• Contested financial remedy proceedings — if no agreement can be reached, the court will determine the financial settlement at a final hearing under the Matrimonial Causes Act 1973, considering all the relevant factors and making an order it considers fair

In complex cases like Bogolyubov, the rejection of a consent order may simply mean waiting until the circumstances become clearer — such as the resolution of ongoing litigation — before any settlement can realistically be approved.

Why financial disclosure matters so much

The court’s ability to assess whether a consent order is fair depends entirely on both parties providing full, frank, and accurate financial disclosure. This is not optional — it is a legal obligation.

If a consent order is later found to have been obtained on the basis of false or incomplete disclosure, it can be set aside by the court, even years after it was approved. The consequences of concealing assets or misleading the court can be severe, including costs orders and adverse findings in any subsequent proceedings. A clean break order obtained on the basis of non-disclosure is particularly vulnerable to challenge.

In high-value cases, financial disclosure often involves detailed scrutiny of business interests, overseas assets, trust structures, and complex investment portfolios. Specialist valuation evidence is frequently required. You can read more about what financial disclosure involves in our guide to Form E and financial disclosure in divorce. Getting this right at the outset is essential — both to satisfy the court and to ensure any agreement is sustainable.

How can I make sure my consent order is approved?

There is no guarantee that any consent order will be approved, but there are steps you can take to maximise the prospect of the court approving your agreement:

1. Ensure complete and accurate financial disclosure — both parties must provide a full picture of their assets, income, liabilities, and financial needs
2. Obtain specialist valuations where needed — property, pension, and business valuations should be carried out by qualified experts
3. Address any obvious imbalances — if the settlement appears heavily one-sided on its face, the court will want to understand why
4. Resolve material uncertainties before submitting — if there are ongoing proceedings or unresolved issues that could materially affect the asset base, consider whether it is premature to seek court approval
5. Take specialist legal advice — a solicitor experienced in financial remedy proceedings can help you structure an agreement and draft an order that the court is likely to approve

What about high-value and international cases?

The Bogolyubov case involved assets worth billions of pounds and a fraud trial spanning multiple jurisdictions. But the principles it illustrates apply more broadly than ultra-high-net-worth cases.

In any divorce involving significant assets — whether business interests, pension funds, overseas property, or complex investment structures — the court will scrutinise financial disclosure carefully. Cases involving international assets or overseas parties add a further layer of complexity, as the court must also consider jurisdiction and the enforceability of any order. Our guide to financial remedy orders explains how courts approach contested financial cases where no consent order is agreed.

If your divorce involves substantial or complex assets, specialist advice is not optional — it is essential. The cost of getting it wrong, whether through an order being rejected or a settlement that unravels later, is far greater than the cost of proper legal representation at the outset.

How we can help

Osbornes Law has a specialist family law team with extensive experience advising and representing clients in complex financial remedy proceedings, including high-value and international cases. We act for clients at every stage of the financial settlement process — from initial disclosure and negotiation through to court proceedings where necessary.

We understand that reaching a financial settlement is rarely straightforward, and that the stakes are high. Our team provides clear, strategic advice tailored to your circumstances, with a focus on achieving outcomes that are fair, durable, and properly protected by the court.

Contact us by calling 020 7485 8811 or filling in our online enquiry form.

Frequently asked questions

Can a court refuse to approve a consent order?

Yes. Judges retain full discretion to approve or reject consent orders. The court must be satisfied that the agreement is fair and just before it will grant approval. If financial disclosure is incomplete, the terms appear unfair, or there are unresolved matters that could materially affect the asset base, the court may decline to approve the order.

What is a consent order in divorce?

A consent order is a legally binding court order recording the financial agreement reached between divorcing parties. Once approved by a judge, it finalises the division of assets and usually provides a clean break, preventing either party from making further financial claims in future. It is the standard method for formalising an agreed financial settlement in divorce.

What happens if my consent order is not approved?

If the court rejects a consent order, the parties do not have a binding financial settlement. Depending on the reasons for rejection, it may be possible to revise and resubmit the agreement, return to negotiations, or — if no agreement can be reached — proceed to a contested financial remedy hearing where the court will determine a fair outcome.

Does a consent order have to be fair to both parties?

Yes. The court will only approve a consent order if it is satisfied that the terms are fair and reasonable in all the circumstances. While the court gives significant weight to agreements freely reached between the parties, it is not obliged to approve any settlement they present. Agreements that appear significantly one-sided, or that would leave one party without adequate financial provision, are unlikely to be approved without explanation.

Can a consent order be overturned after it is approved?

In limited circumstances, yes. A consent order can be set aside if it was obtained by fraud, non-disclosure of material assets, or misrepresentation. The courts take a serious view of any attempt to mislead the court in financial remedy proceedings, and the consequences of concealing assets can include the reopening of the entire financial settlement.

Do I need a solicitor to get a consent order?

You are not legally required to instruct a solicitor, but specialist legal advice is strongly recommended — particularly in cases involving significant or complex assets. A solicitor can ensure that financial disclosure is complete, that the agreement is structured appropriately, and that the draft order is in a form the court is likely to approve. In high-value cases, the cost of errors far outweighs the cost of proper legal advice.