Glossary

The form the respondent is required to complete and return to the Court to acknowledge receipt of the Divorce Petition.

Ways of resolving disputes without going to Court.

The person who makes an application to the Court.

A form of dispute resolution that takes place outside of Court. The parties enter into an agreement to appoint an arbitrator to decide on a dispute and agree to be bound by the decision.

The binding contract, or agreement, reached at arbitration.

Children and Family Court Advisory and Support Service – a representative of Cafcass is usually involved in advising the Court as to the best interests of a child in any Children Act proceedings.

The amount your pension would be worth if you were to transfer it, when the pension is not in draw down.

Tangible and moveable possessions, such as paintings, furniture or cars, but not real property (e.g. land or buildings) or money.

The unauthorised removal of a child from the child’s parent or legally appointed guardian.

An Order setting out with whom the children of the family are to live and when each parent is to have contact.

A government organisation which governs the payment of child maintenance in the UK.

A legally-recognised partnership between two people as an alternative to marriage.

An Order to be made by the Court which has been agreed between the parties.

A lawyer who represents you in Court.

When the Respondent defends a divorce or cross-petitions the divorce, leading to a more complicated process involving Court hearing(s).

The Act to which the Court refers in relation to Financial Remedy proceedings on dissolution.

The Act under which most applications in respect of children are made.

An Order made by the Court that severs all financial ties and claims between divorcing couples.

A non-confrontational approach to settling disputes between parties.

An agreement between unmarried couples who live together to regulate their financial affairs and to provide what will happen if they are to separate.

Instructions provided by the Court with which the parties must comply, usually by a certain time and date.

The document pronounced by the Court to say it agrees the divorce can proceed.

The final document in the process, granting the divorce.

The equivalent of divorce for couples who entered into a civil partnership.

The application to apply for divorce or dissolution.

To vary an Order for maintenance by reducing the amount due under the original Order.

In relation to pensions, this is when the pension is being paid out.

A binding document executed as a Deed, which records a financial agreement between joint owners of property or anyone who has a financial interest in that property.

The hearing at the end of proceedings at which the judge will make a decision upon the issues at hand (unless the parties can agree a settlement themselves).

The negotiations hearing in the middle of the Financial Remedy proceedings. This is a without prejudice hearing to which one cannot refer in Court after the event and about which the Court at a Final Hearing will have no information.

The process during which the Court deals with financial matters between parties.

The directions hearing at the start of the Financial Remedy proceedings.

The form used in Financial Remedy proceedings to exchange financial information (disclosure) with the other party.

The first hearing after making an application under the Children Act 1989, usually to set directions and consider interim arrangements for the children.

The official power to make legal decisions.

A solicitor, barrister or other legal representative.

A source of public funding to assist with legal fees for survivors of domestic violence who do not have their own resources.

Taking the dispute to Court.

A single payment of money.

Permission granted to a person to legally remove a child or children from the jurisdiction.

Any asset (including savings, property, items of worth) acquired during the marriage.

The Act to which the Court refers in relation to Financial Remedy proceedings on divorce.

Interim periodical payments made usually monthly from one party (paying party) to another (receiving party) during ongoing proceedings.

A way of resolving disputes between parties by appointing an independent, non-biased, third person, who is trained in mediation (a mediator).

A financial Order made by the Court for the paying party to pay the receiving party a ‘nominal’ amount – usually £1 per annum – which acts as a ‘safety net’ to allow for any future variation application in the event that circumstances change.

Assets that one party acquired prior to the marriage or received by way of inheritance, gifts or savings.

An Order of the Court granted under the Family Law Act 1996, prohibiting the respondent party from causing harm or distress to the applicant party and/or any children, by restricting contact in a number of ways.

A binding decision made by the Court on the issues of the case.

Correspondence that may be shown to the Court or referred to therein.

An Order of the Court granted under the Family Law Act 1996, permitting one party to reside in a home (or part thereof) to the exclusion of the other party and that can include how each party is permitted to use the home.

A trained legal assistant who is not yet fully qualified.

The reasons given in the Divorce Petition/dissolution application for the grounds of divorce/dissolution.

The person who applies for the divorce.

A warning on a Court Order that, if certain terms of the Order are breached, you could be fined and/or imprisoned.

A Court Order splitting a pension between the parties when it is already in draw down.

The amount that your pension already in draw down would be worth if you were to transfer it.

A Court Order splitting a pension between the parties when it is not in draw down.

Maintenance payments (whether nominal, spousal or child).

The unjustified rejection of a parent by a child as a result of the other parent’s psychological manipulation of the child.

Having legal responsibility for the children. This is automatic for a mother and will also be held by a married father, a father named on the birth certificate or an individual granted Parental Responsibility by the Court.

A Court Order preventing a parent, carer or guardian from taking certain steps in relation to a child, for example, preventing a parent taking children abroad if there is a risk of abduction.

An agreement entered into before marriage setting out what should happen to the parties’ assets upon divorce and/or separation.

An agreement entered into after marriage setting out what should happen to the parties’ assets up on divorce and/or separation.

An agreement entered into prior to a civil partnership setting out what should happen to the parties’ assets up on divorce and/or separation.

An agreement entered into after a civil partnership setting out what should happen to the parties’ assets up on divorce and/or separation.

The party against whom the petition is filed.

A lawyer who will deal with your case on a day-to-day basis.

Part of the Children Act 1989 used by the Court to provide financial remedy for the benefit of children, often used by unmarried couples.

A specific expert (e.g. pension, property, actuary) instructed by both parties in an official capacity to provide a report on a specific issue.

Periodical payments paid from one party to another.

A specific expert (e.g. child psychologist or family therapist) instructed in an official capacity to provide a joint report on a specific issue.

A Court Order not dealing with children arrangements in general but a particular point in dispute, for example, where a child should go to school.

An agreement setting out how practical and financial matters are to be dealt with upon separation, often prior to or instead of a Consent Order.

A solemn and binding promise made to the Court with serious consequences for any breach.

To vary an Order for maintenance by increasing the amount due under the original Order.

Correspondence, discussions or documents that cannot be relied upon in Court as evidence other than in the middle, negotiations hearing (the FDR).  Note that different rules apply for some types of financial proceedings.

Part of a Non-Molestation Order prohibiting the respondent party to be within a certain distance (or zone) of the applicant party and/or any children.