A financial consent order was sent to the court and refused on the basis that it was not considered to be a fair settlement for the husband. The wife seeks to enforce the original agreement and intends to make a notice to show cause application. Does the husband have grounds on which he can resile from the original agreement?

The court has a full jurisdiction to approve or reject a financial remedy consent order representing the parties’ agreement (per section 33A of the Matrimonial Causes Act 1973 (MCA 1973) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26). However, the court is neither ‘a rubber stamp’ nor ‘a bloodhound’ or ‘forensic ferret’ (per Pounds v Pounds) and L v L). It is impossible to oust the jurisdiction of the court. The court conducts an independent assessment to enable it to discharge its statutory functions reflecting the criteria listed in the MCA 1973, s 25. The court will, however, be heavily influenced by what the parties