Ten Consent Order mistakes to avoid

The drafting and disclosure errors that get financial orders rejected by a judge, and how to avoid each one.

Updated 19 August 2026·6 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

A judge will only seal an order that is clear, complete and broadly fair. Most rejections come from a small set of avoidable errors.

The common ten

  1. Incomplete disclosure in the statement of information.
  2. No clear trigger or timescale for a property transfer or sale.
  3. Failing to deal with pensions expressly, even to dismiss the claims.
  4. Wording that is aspirational rather than an enforceable obligation.
  5. Forgetting the mortgage release and who is liable in the meantime.
  6. Omitting what happens if a sale does not complete.
  7. Not addressing debts, including joint credit cards and overdrafts.
  8. No clean break clause where one is intended.
  9. Filing before the Conditional Order has been made.
  10. Signatures missing or mismatched names.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

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Frequently asked questions

What happens if a judge rejects it? ▼

You usually get a note explaining the problem, and can amend and resubmit.

Do we both need our own solicitor? ▼

Not legally, but independent advice for each of you makes an order much harder to challenge later.

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