A

Acknowledgment of service

An acknowledgement of service is a formal acknowledgement by one person that a second party has begun legal proceedings which concern them.

Adjournment

An adjournment is the postponement of a court hearing until a later date.

Adultery

Adultery means forming a sexual relationship with a third party while married. Legally this concept only applies to opposite sex marriages.

Ancillary Relief

An older term used to describe an application for financial relief following presentation of a divorce petition.

Applicant

The applicant is the person who applies for a divorce.

Arbitration

Arbitration is the appointment of an experienced expert to decide a point – often a retired judge, barrister or senior solicitor. The outcome of arbitration is treated as a binding court order and called an ‘award’.

B

Barrister

A barrister is a lawyer who specialises in representing cases in court. They are normally hired by solicitors rather than directly by clients.

C

CAFCASS

The Children and Family Court Advisory and Support Service or Cafcass is a public body which intervenes in family court cases involving children in order to ensure their welfare is protected.

CEV

The cash equivalent value or CEV refers to the financial value of an asset to be divided in divorce.

Child Abduction

In family law, child abduction normally refers to the removal of a child or children by one parent without the consent of the other parent.

Child Arrangements

Child arrangements are the agreed details of where a child will live following a divorce or separation, along with how often he or she will see their other parent.

Child Maintenance

Child maintenance is money paid following a divorce or separation by the parent with whom a child or children do not normally live. It is intended to support their upkeep.

Child Maintenance Service

The Child Maintenance Service is the government body with responsibility for the payment of child maintenance. It is the successor to the Child Support Agency.

Child Support

Child support is an alternative name for child maintenance.

Child Support Agency

The Child Support Agency was a government body with responsibility for the payment of child maintenance, principally by fathers to divorced and single mothers. It was abolished in 2012 and replaced by the Child Maintenance Service.

Children Act 1989

The Children Act 1989 is the principal piece of legislation concerning the rights and welfare of children in England and Wales.

Civil partnership

Civil partnerships are legal unions with a similar function to marriage. They were originally devised as an alternative to marriage for same sex couples but are now also available to opposite sex couples.

Clean Break

A clean break is a form of divorce which brings to an end any and all financial obligations between the former couple.

Cohabitation Agreement

A cohabitation agreement is a formal agreement between a cohabiting couple concerning the details of their relationship and what would happen if they later separate.

Cohabiting / Cohabitation

Cohabitation refers to couples who live together without being married. This was once rare but has become very common in recent decades.

Collaborative Law

Collaborative law is a process in which a couple who plan to divorce meet with a team of specially trained lawyers, advisors and financial experts to try and work out a deal. The parties agree that if they fail to do so, they cannot call upon the same lawyers or advisors for any subsequent court proceedings.

Conditional order of divorce

A conditional order of divorce is the penultimate stage in the process. It is a provisional decree stating that the divorce can be finalised and the marriage formerly brought to a close. This stage was formerly known as the decree nisi.

Consent Order

A consent order is a legally binding financial agreement between a divorcing couple, setting out exactly how their assets and property will be divided.

Contact

Counsel

A person’s counsel is their legal representative: i.e. their solicitor or barrister.

Custody

The term custody refers to which a parent a child will live with on a day-to-day basis following divorce or separation. Although still in common parlance, the term is no longer used in official family law proceedings or documents. It has instead been replaced by the more neutral term ‘residence’.

D

Declaration of Trust

A declaration of trust is a formal document stating that one or more people hold assets ‘on trust’ for a third party: this means that they legally own those assets on behalf of that third party.

Desertion

Desertion refers to a person leaving their legal spouse and living elsewhere without making an attempt to divorce them or to formally separate.

Disclosure

Disclosure means revealing all relevant documents and details during a legal process like divorce. In most cases full disclosure is a legal requirement.

Divorce

Divorce is the legal procedure required to end a marriage and fairly divide assets and property.

Divorce Petition

A divorce petition is a formal application to end a marriage.

E

Ex parte

An ex parte legal order is one made without involving or hearing from an affected third party – this is normally done for reasons of speed or safety.

F

Fair

In family law the term ‘fair’ can refer to full consideration or acknowledgement of the contributions made by each party to a marriage.

Family Lawyer

A family lawyer is a legal professional who specialises in family law – i.e. law concerning family relationships and marriage.

Family Solicitor

A family solicitor is a solicitor who specialises in law concerning family relationships, marriage and divorce. Solicitors are lawyers who work directly with clients.

FDA

The first directions appointment or FDA is the first hearing that takes place in a family court when a couple are unable to agree on the financial aspects of a divorce and therefore wish a court to impose a settlement. At an FDA, specific subsequent steps will be set out, with an associated timeframe.

FDR

The financial dispute resolution hearing or FDR is the second hearing to take place in family court when a divorcing couple have failed to reach agreement. Its purpose is to encourage negotiation on financial matters.

FHDRA

An FHDRA (first hearing and dispute resolution appointment) is the very first hearing in a family court case. They are held to identify the key issues in dispute and to encourage negotiation between the parties.

File / Filing

Filing is the formal submission of a legal document in an ongoing case or application.

Final Hearing

At the final hearing in a family court case a judge will consider all the evidence that has been presented in order to reach a conclusion and issue a judgement. The term often refers to cases involving children.

Final order of divorce

The final order of divorce is the last stage in the process, bringing the marriage to a formal conclusion. This stage was formerly known as the decree absolute.

Financial Remedy

Financial remedies are those aspects of a divorce or civil partnership dissolution which concern the division of money and assets. These were formerly known as ‘ancillary relief’.

Financial Remedy Order

A financial remedy order is a legal order issued by a family court specifying how money and assets should be divided between a divorcing couple.

Form A

In divorce, Form A is a standard form completed in order to make a financial claim.

Form E

The Form E is an important document completed by both parties to a divorce setting out their financial circumstances in detail, along with supporting documentation. This allows a fair division of money and assets to be made.

Form G

Form G is used to confirm that both parties to a divorce dispute wish to proceed to the next stage.

Form H

Form H is an ongoing estimate of costs that must be completed by both parties at each stage of financial remedy proceedings.

Former Matrimonial Home

The former matrimonial home is the property in which a former couple normally lived prior to divorce.

I

Interim Maintenance

Interim maintenance is temporary maintenance paid prior to the completion of a divorce in cases of financial hardship.

J

Judicial Separation

Judicial separation is a rarely used form of separation in which an estranged couple remain formally married to each other. Couples who have a religious objection to divorce may apply for this.

Jurisdiction

Jurisdiction is the legal authority of the courts and judges in a particular country, under the laws in place there.

L

Leave to Remove

Leave to remove means that a family court has granted a parent permission to take a child or children outside the jurisdiction of England and Wales – i.e. to another country.

Litigant in Person

A litigant in person is someone who takes part in legal proceedings without representation by a lawyer. This is normally done for financial reasons.

Lump Sum

A lump sum is a single payment made in settlement of a financial claim in divorce.

M

Maintenance

Maintenance is the payment of money on an ongoing basis following a divorce or separation. This may be child maintenance, to support the upkeep of children, or spousal maintenance. The latter is paid following divorce when there is good reason to believe the recipient will have difficulty supporting themselves.

Maintenance Pending Suit

Maintenance pending suit, also known as interim maintenance, is provisional maintenance sometimes paid by the wealthier spouse before the completion of a divorce if their estranged partner is experiencing financial difficulties.

Marital Home

The marital home is the property in which a couple live.

Matrimonial Causes Act 1973

The Matrimonial Causes Act 1973 is the principal piece of legislation concerning marriage and divorce in England and Wales.

Matrimonial Home Rights

Matrimonial home rights entitle a divorcing spouse to remain in the couple’s home even if the property is owned by their soon-to-be-ex husband or wife. This right is granted by the Family Law Act 1996.

McKenzie Friend

A McKenzie Friend is an informal courtroom advisor. They are not normally legally qualified.

Mediation

Mediation is a process in which an independent, professionally trained mediator helps a divorcing couple to work out the arrangements for children and finances following separation. A mediator can facilitate settlement discussions, but cannot give legal advice because they are not qualified lawyers.

Mediation information assessment meeting (MIAM)

A MIAM is a meeting at which a divorce couple are introduced to the possibilities presented by mediation and consider whether it would be suitable for their own case.

N

Non-Molestation Order

A non-molestation order is a type of injunction forbidding the subject from contacting, approaching, or harassing the person to which the order was granted. They are typically sought by victims of domestic violence or abuse.

Nullity

When applied to marriage, the legal concept of nullity means that no legally valid marriage took place, even if a ceremony was conducted.

O

Occupation Order

An occupation order is an injunction which grants one party to a marriage exclusive rights to enter and live in the family home. The other spouse is obliged to leave. Typically, these are granted in cases of alleged domestic abuse.

Offer

In family law, an offer is a proposed financial settlement which the other party can accept or reject.

Order for Sale

Orders for sale are sometimes granted by the family courts when joint owners of a property cannot agree on a sale – for example, during a divorce. This enables the party granted the order to acquire the financial value of their share.

P

Parental Responsibility

Parental responsibility is the legal status of being a parent. It entitles the holder to a say in significant issues concerning the child, such as their education or health, even if they do not live with the child on a day-to-day basis.

Pension Attachment

Pension attachment orders are issued by the family court to the trustees of a pension requiring them to pay a proportion of the pension to a former spouse or partner.

Pension Offsetting

Pension offsetting is sometimes used to create a clean break when a couple divorce, with no further obligations between them. The value of the pensions held by one spouse is offset against other assets with an equivalent value, which are then allocated to the other spouse.

Periodical Payments

Periodical payments are money paid on a regular basis by the wealthier party in a marriage to their estranged or former spouse for their own use or to support the couple’s children – i.e. spousal or child maintenance.

Prenuptial Agreement

A prenuptial agreement is a formal agreement signed by a couple prior to marriage. It will concern aspects of the marriage and what would happen in the event of a divorce. They will only be considered binding by a family court if certain conditions have been met: for example, if both parties received independent legal advice before signing.

Proceedings

The term proceedings refers to the different stages of a legal case or process.

Prohibited Steps Order

A prohibited steps order is a legal order formally forbidding the recipient from taking a particular course of action – for example, taking a child abroad.

Property Adjustment Order

A property adjustment order is a legal order sometimes issued by the family courts to change or transfer the ownership of property.

Q

Questionnaire

In family law, questionnaires are requests for further information about certain assets which are issued in pursuit of a financial settlement.

R

Residence

Residence refers to where a child or children will live on a day-to-day basis following divorce or separation. It was formerly known as custody.

Respondent

The respondent is the spouse of the applicant – the person who initially files a divorce petition.

S

Section 25 Factors

This refers to section 25 of a key piece of marital legislation, the Marital Causes Act 1973. This lists a number of factors which the family courts should take into account when deciding on a fair financial settlement. These include the current and future income of both parties and the standard of living enjoyed by the couple while they were married.

Service

Service refers to the formal delivery of documents launching legal proceedings to a person who will be involved in or affected by those proceedings.

Shared Care

Shared care is an arrangement made between divorced or separated parents to share day-to-day care of their children on a more or less equal basis.

Specific Issue Order

A specific issue order is a court order concerning one particular family issue, typically matters concerning children.

Statement of Truth

A statement of truth is a confirmation within a legal document that the person making the submission believes it to be true.

T

Talaq

Talaq is a traditional form of divorce still used in some Muslim communities. It can only be initiated by the husband.

U

Undertaking

An undertaking is a legally binding promise to do a certain thing or follow a particular course of action.

W

Without Prejudice

Without prejudice refers to offers or concessions by one party made during the preliminary negotiations in a family court case. If these are declared to be ‘without prejudice’, they cannot be cited or used against them during any subsequent proceedings. This measure is intended to encourage cases to be settled outside court.