Glossary

The form the respondent is required to complete and return to the Court to acknowledge receipt of the divorce/dissolution application.

Where one parent or care giver demonstrates an ongoing negative pattern of behaviour towards the other parent or care giver, which has the potential or intention to undermine or destroy the relationship the child/ren has/have with the other parent/care giver.  A child may develop negative feelings towards one parent or caregiver as a result of what s/he hears or witnesses from the other parent or caregiver.

This is an out-of-date term, please see Non-Court Dispute Resolution.

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.

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

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

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

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

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

A non-confrontational approach to settling disputes between parties.

The document pronounced by the Court to confirm that the divorce/dissolution application may proceed (previously referred to as the Decree Nisi).

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

A lawyer who represents you in Court.

The final document in the divorce process, granting the divorce (in divorces commenced prior to 6 April 2022). See also Final Order.

The document pronounced by the Court to say it agrees a divorce can proceed (in divorces commenced prior to 6 April 2022).  See also Conditional Order.

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.

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

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.

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 final divorce order, which ends your marriage (previously referred to as the Decree Absolute).

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

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

Both parties agree to submit a joint application for a divorce/dissolution.

The official power to make legal decisions.

A solicitor, barrister or other legal representative.

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

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.

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

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.

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.

Alternative solutions to resolving issuing in relation to children and finances which do not require parties to go to Court.  These include, but are not limited to, mediation, collaborative law, arbitration and evaluation by a neutral third party.

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.

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.

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

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

A trained legal assistant who is not yet fully qualified.

This is an out-of-date term, please see Alienating Behaviour.

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 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 person who applied for the divorce in divorces commenced prior to 6 April 2022 (now referred to as the Applicant).

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

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.

A party against whom an application is filed.

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

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

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

One party, the applicant, submits an application for a divorce/dissolution.

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.

Periodical payments paid from one party to another.

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.