A
Acknowledgment of Service
A formal response filed by a respondent to confirm that they have received court papers. In divorce proceedings, it confirms that the respondent has been served with the divorce application and indicates whether they intend to dispute any aspect of the application.
Adjournment
The postponement of a court hearing to a later date. A hearing may be adjourned because more evidence is required, the parties need additional time to negotiate, or the court does not have enough time to deal with the case.
Adultery
A married person having sexual intercourse with someone of the opposite sex who is not their spouse. Since the introduction of no-fault divorce in April 2022, adultery is no longer required or relied upon as a reason for divorce in England and Wales.
Alternative Dispute Resolution
Methods of resolving disputes without a contested final court hearing. In family law, this may include mediation, arbitration, collaborative law, private financial dispute resolution hearings and solicitor-led negotiation. The term “non-court dispute resolution” is now also commonly used.
Ancillary Relief
An older term for financial claims arising from divorce or civil partnership dissolution. The modern term is “financial remedy”.
Applicant
The person who starts a court application. In divorce, this is the person who applies for the divorce. In a joint divorce application, both spouses are applicants.
Arbitration
A private process where the parties appoint a qualified arbitrator to make a binding decision. Arbitration can be used in financial remedy disputes and some children matters. It is generally quicker and more private than court proceedings.
Assets
Property, savings, investments, pensions, business interests, valuable possessions and other financial resources owned by one or both parties.
B
Barrister
A legal professional who often specialises in advocacy, written opinions and court representation. Barristers are commonly instructed by solicitors in complex or contested family law cases. Some barristers also accept direct access instructions from members of the public.
Beneficial Interest
A person’s financial interest in property, even if they are not the sole legal owner. Beneficial interests are often relevant in cohabitation disputes, declarations of trust and cases involving jointly owned property.
Bundle
A set of court documents prepared for a hearing. A bundle usually includes applications, statements, orders, financial documents, correspondence and other evidence the judge will need to consider.
Business Assets
Business interests owned by one or both parties, such as shares in a company, partnership interests or sole trader assets. Business assets may be considered in financial remedy proceedings on divorce.
C
CAFCASS
The Children and Family Court Advisory and Support Service. CAFCASS assists the family court in children proceedings by carrying out safeguarding checks, speaking to parents and sometimes children, and preparing reports for the court.
Cafcass Officer / Family Court Adviser
A professional appointed to advise the court in children cases. They may make recommendations about child arrangements, safeguarding concerns and what outcome may be in the child’s welfare interests.
Cash Equivalent Transfer Value / CETV
The calculated value of pension benefits for divorce purposes. The CETV is often used as a starting point when considering pensions in financial remedy proceedings.
Child Abduction
The wrongful removal or retention of a child, often by one parent, without the required consent or court permission. This may include taking a child abroad without the consent of everyone with parental responsibility or without permission from the court.
Child Arrangements Order
A court order regulating where a child lives, when they spend time with each parent, and other contact arrangements. This term replaced older terminology such as “residence”, “contact”, “custody” and “access”.
Child Contact
An older term referring to the time a child spends with a parent or other person they do not live with. The current legal terminology is usually “spends time with” under a Child Arrangements Order.
Child Maintenance
Financial support paid by one parent to the other for a child’s living expenses. Child maintenance is usually calculated by reference to the paying parent’s gross income and the number of overnight stays the child has with that parent.
Child Maintenance Service / CMS
The government body responsible for calculating and, where necessary, collecting child maintenance. The CMS replaced the Child Support Agency.
Child Support
Another term for child maintenance.
Child Support Agency / CSA
The former government agency responsible for child maintenance assessments. It has been replaced by the Child Maintenance Service.
Children Act 1989
The principal legislation governing children law in England and Wales. It sets out key principles, including the welfare of the child as the court’s paramount consideration.
Chronology
A document setting out key dates and events in a case. Chronologies are often used in both children and financial remedy proceedings to help the court understand the background.
Civil Partnership
A legally recognised relationship similar to marriage. Civil partnerships are available to both same-sex and opposite-sex couples. They can be ended by dissolution.
Clean Break
A financial order that ends financial claims between spouses or civil partners. A clean break may be immediate or deferred. It prevents future claims for income, capital, property or pension provision, except where specific claims remain preserved.
Cohabitation
Living together as a couple without being married or in a civil partnership. Cohabiting partners do not automatically have the same financial rights as spouses or civil partners.
Cohabitation Agreement
An agreement between unmarried partners setting out financial arrangements during the relationship and what should happen if they separate. It may cover property ownership, bills, mortgage payments, savings, debts and personal belongings.
Collaborative Law
A non-court dispute resolution process where each party instructs a collaboratively trained lawyer and agrees to resolve issues through meetings rather than contested court proceedings.
Conditional Order
The first formal stage of divorce or civil partnership dissolution. It confirms that the court sees no reason why the divorce or dissolution cannot proceed. It replaced the former term “decree nisi”.
Consent Order
A court order made by agreement. In financial remedy cases, a consent order records the financial settlement reached between divorcing spouses or civil partners and becomes legally binding once approved by the court.
Contact Centre
A venue where a child can spend time with a parent or family member in a supported or supervised setting. Contact centres are often used where there are safeguarding concerns or where contact needs to be reintroduced gradually.
Counsel
Usually refers to a barrister instructed to advise or represent a party in court.
Court Order
A legally binding direction made by the court. Breach of a court order may have legal consequences.
Cross-Application
An application made by one party in response to an application already made by another party.
Custody
An older term describing where a child lives after separation. It is no longer the preferred legal term in England and Wales. The modern terminology is “child arrangements”.
D
D81 Statement of Information
A form filed with the court when applying for a financial consent order. It summarises each party’s financial circumstances and helps the judge decide whether the proposed order appears fair.
Decree Absolute
The former term for the final order in divorce proceedings. It has been replaced by “Final Order”.
Decree Nisi
The former term for the conditional stage of divorce. It has been replaced by “Conditional Order”.
Declaration of Trust
A deed recording the beneficial ownership of property. It is commonly used where co-owners have contributed unequal deposits, where parents have provided money towards a purchase, or where unmarried partners want to record their respective property interests.
Directions
Instructions given by the court about how a case should proceed. Directions may include filing statements, obtaining valuations, exchanging documents or listing a further hearing.
Dispute Resolution Appointment / DRA
A hearing in children proceedings intended to identify the issues, consider CAFCASS recommendations and encourage resolution where possible.
Disclosure
The process of providing relevant financial or other information and documents. In financial remedy proceedings, full and frank disclosure is required.
Dissolution
The legal process of ending a civil partnership. It is similar to divorce for married couples.
Divorce
The legal process that ends a marriage. Since April 2022, divorce in England and Wales proceeds on a no-fault basis.
Divorce Application
The formal application to the court to end a marriage. The former term was “divorce petition”.
Domestic Abuse
Behaviour between personally connected people involving abuse, including physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological or emotional abuse.
Duxbury Calculation
A calculation used in some financial remedy cases to estimate the capital sum required to produce an income for a particular period, often in relation to spousal maintenance.
E
Economic Abuse
A form of domestic abuse involving control over money, property, work, resources or financial independence.
Enforcement
Steps taken to ensure compliance with a court order. Enforcement may be relevant where a party fails to pay maintenance, transfer property, provide disclosure or comply with children arrangements.
Ex Parte
An older term meaning an application made without notice to the other party. The modern term is usually “without notice”. Such applications are commonly used in urgent injunction cases.
Expert Evidence
Evidence from an independent expert, such as a property valuer, pension actuary, accountant, medical expert or child psychologist. Expert evidence usually requires court permission.
F
Fact-Finding Hearing
A hearing where the court decides whether disputed allegations are proved. Fact-finding hearings commonly arise in children cases involving allegations of domestic abuse or safeguarding concerns.
Family Assistance Order
An order appointing CAFCASS or a local authority officer to advise, assist and befriend a family for a specified period.
Family Court
The court that deals with most family law cases in England and Wales, including divorce, financial remedy, children matters, domestic abuse injunctions and adoption.
Family Lawyer
A legal professional who advises on family law matters. This may include solicitors, barristers, chartered legal executives and other qualified legal professionals.
Family Procedure Rules / FPR
The procedural rules governing family court cases in England and Wales.
Family Solicitor
A solicitor who specialises in family law, including divorce, finances, children disputes, cohabitation, nuptial agreements and domestic abuse injunctions.
FDA / First Directions Appointment
The first court appointment in financial remedy proceedings. The court identifies issues, considers disclosure, gives directions and decides what further evidence is needed.
FDR / Financial Dispute Resolution Hearing
A without prejudice hearing in financial remedy proceedings. The judge gives an indication of likely outcome to help the parties negotiate settlement. If the case does not settle, a different judge will usually conduct the final hearing.
FHDRA / First Hearing Dispute Resolution Appointment
The first hearing in many private children proceedings. The court considers safeguarding information, identifies issues and explores whether agreement can be reached.
Final Hearing
The hearing at which the court hears evidence and makes a final decision.
Final Order
The order that legally ends a marriage or civil partnership. It replaced the former term “decree absolute”.
Financial Dispute Resolution Appointment
See FDR.
Financial Remedy
The process for resolving financial claims on divorce or civil partnership dissolution. It may involve property, savings, pensions, income, debts, businesses and maintenance.
Financial Remedy Order
A court order setting out the financial arrangements between divorcing spouses or civil partners. It may include lump sums, property adjustment, pension sharing, maintenance and clean break provisions.
First Appointment
Another name for the First Directions Appointment in financial remedy proceedings.
Form A
The court form used to start financial remedy proceedings.
Form C
A notice from the court setting the date for the First Directions Appointment in financial remedy proceedings.
Form E
The detailed financial disclosure form used in financial remedy proceedings. It requires information about income, property, bank accounts, investments, pensions, liabilities and needs.
Form G
A form filed before the First Directions Appointment stating whether the parties are ready to use that hearing as an FDR.
Form H
A costs estimate filed during financial remedy proceedings.
Form H1
A statement of costs usually filed before a final hearing or certain other hearings in financial remedy proceedings.
Former Matrimonial Home
The home where the married couple lived together. It is often a central asset in financial remedy proceedings.
Freezing Order
An injunction preventing a party from disposing of or dealing with assets. It may be used where there is a risk that assets will be hidden, transferred or dissipated.
G
Gatekeeping
The court process by which children applications are reviewed and allocated to the appropriate level of judge or magistrates.
Guardian
A person appointed to represent a child’s interests in certain court proceedings. In public law cases and some complex private law cases, a children’s guardian may be appointed.
H
Hearing
A court appointment where the judge considers issues in the case, gives directions, encourages settlement or makes decisions.
Hearsay Evidence
Evidence of something a person has been told by someone else, rather than something they directly saw or heard. Hearsay may be admissible in family proceedings, but the court will decide what weight to give it.
Home Rights
Rights under the Family Law Act 1996 allowing a spouse or civil partner to occupy the matrimonial home, even if they are not the legal owner. Home rights can be protected by registration at HM Land Registry.
I
Interim Maintenance
Temporary financial support paid before a final financial settlement is reached. In divorce proceedings, this is often called maintenance pending suit.
Interim Order
A temporary order made before the final outcome of a case.
Issue
A matter in dispute between the parties that the court must resolve.
J
Joint Divorce Application
A divorce application made by both spouses together under the no-fault divorce procedure.
Judicial Separation
A formal legal separation that does not end the marriage. It may allow the court to make certain financial orders while the parties remain legally married.
Jurisdiction
The legal authority of a court to deal with a case. In family law, jurisdiction can be important where parties live in different countries or have assets overseas.
K
Kinship Care
Care of a child by a relative or someone connected to the child, such as a grandparent, aunt, uncle, sibling or family friend.
L
Leave to Remove
Permission from the court to take a child to live outside England and Wales. These cases are now often referred to as international relocation cases.
Legal Aid
Public funding for legal advice or representation. In family law, legal aid is generally limited and often depends on the type of case, financial eligibility and evidence of domestic abuse or child protection concerns.
Legal Ownership
Ownership recorded on the legal title at HM Land Registry. Legal ownership may differ from beneficial ownership.
Liabilities
Debts or financial obligations, such as mortgages, loans, credit cards, tax liabilities and overdrafts.
Litigant in Person
A person who represents themselves in legal proceedings without a solicitor or barrister.
Lump Sum Order
A court order requiring one party to pay a fixed amount of money to the other.
M
Maintenance
Regular financial payments. This may refer to child maintenance or spousal maintenance.
Maintenance Pending Suit
Temporary maintenance paid by one spouse to the other during divorce proceedings before a final financial order is made.
Matrimonial Causes Act 1973
The principal legislation governing divorce financial claims in England and Wales.
Matrimonial Home Rights
Rights protecting a spouse’s or civil partner’s ability to occupy the family home where the property is owned by the other spouse or civil partner.
Matrimonial Property
Property built up during the marriage or used for family purposes. Matrimonial property is often treated differently from non-matrimonial property in financial remedy cases.
McKenzie Friend
A person who assists a litigant in person by providing support, taking notes and quietly giving guidance in court. A McKenzie Friend does not automatically have a right to address the court.
Mediation
A confidential process where an independent mediator helps parties discuss and try to resolve family issues. Mediators facilitate discussions but do not impose decisions.
Mediation Information and Assessment Meeting / MIAM
A meeting to explain mediation and assess whether it is suitable. In many family cases, attending a MIAM is required before making a court application, unless an exemption applies.
Mesher Order
An order delaying the sale of a family home until a specified event, such as a child reaching a certain age or completing education.
N
Needs
A key factor in financial remedy cases. The court considers each party’s housing, income and capital needs, as well as the needs of any children.
No-Fault Divorce
The current divorce system in England and Wales, introduced in April 2022. A spouse no longer needs to prove fault, such as adultery or unreasonable behaviour.
Non-Court Dispute Resolution / NCDR
Processes for resolving family disputes outside court, including mediation, arbitration, collaborative law and private FDRs.
Non-Matrimonial Property
Property acquired before the marriage, after separation, or from inheritance or gifts. It may still be relevant in financial remedy proceedings, particularly where needs require it.
Non-Molestation Order
An injunction protecting a person from harassment, threats, violence or other abusive behaviour. Breach of a non-molestation order is a criminal offence.
Nullity
A legal process by which a marriage is declared void or voidable. A void marriage is treated as never having been valid; a voidable marriage is valid until annulled.
O
Occupation Order
An injunction regulating who can live in the family home. It may exclude one party from the property or define occupation arrangements, often in domestic abuse cases.
Offer
A proposal to settle some or all issues in dispute. Offers may be made openly or on a without prejudice basis, depending on the context.
Open Offer
An offer that can be shown to the court. In financial remedy proceedings, open offers are often required before final hearing.
Order for Sale
A court order requiring a property to be sold. It may arise in financial remedy proceedings or in cohabitation disputes under trust and property law.
P
Parental Responsibility
The legal rights, duties, powers and responsibilities a person has in relation to a child. Mothers automatically have parental responsibility. Fathers and second parents may acquire it in various ways, including being named on the birth certificate, marriage, agreement or court order.
Parenting Plan
A written plan setting out practical arrangements for children after separation, including living arrangements, holidays, communication, schooling and decision-making.
Part 25 Application
An application for permission to rely on expert evidence in family proceedings.
Pension Actuary / PODE
A pension expert who assists with pension valuation and pension sharing issues. PODE means Pension on Divorce Expert.
Pension Attachment Order
An order directing pension trustees to pay part of a pension income, lump sum or death benefit to a former spouse or civil partner. These orders are less common than pension sharing orders.
Pension Offsetting
A method of dealing with pensions by allowing one party to retain more non-pension assets in exchange for the other retaining pension benefits.
Pension Sharing Order
An order transferring a percentage of one party’s pension rights to the other party. It creates a separate pension fund for the receiving party.
Periodical Payments
Regular payments, usually maintenance, made weekly, monthly or at another interval.
Position Statement
A concise document filed before a hearing setting out a party’s position, the issues, and what orders are sought.
Pre-Nuptial Agreement
An agreement entered into before marriage setting out how assets and finances should be dealt with if the marriage later ends.
Private FDR
A privately arranged financial dispute resolution hearing, where the parties appoint an independent evaluator, often a barrister or retired judge, to give an indication on settlement.
Prohibited Steps Order
A court order preventing a person from taking a specific step in relation to a child, such as removing the child from school or taking the child abroad.
Property Adjustment Order
An order changing ownership of property, such as transferring a home from one spouse to the other or altering ownership shares.
Public Law Children Proceedings
Cases involving a local authority, usually concerning child protection, care orders or supervision orders.
Q
Questionnaire
A list of questions and document requests raised after financial disclosure, usually following exchange of Forms E in financial remedy proceedings.
R
Recitals
Introductory or explanatory wording in a court order setting out background, agreements or acknowledgements that may not be operative orders.
Relocation
A proposed move by one parent with a child, either within England and Wales or internationally. International relocation generally requires consent from everyone with parental responsibility or court permission.
Residence
An older term describing where a child lives. The modern term is usually “lives with” under a Child Arrangements Order.
Respondent
The person responding to a court application. In a sole divorce application, the respondent is the other spouse.
S
Safeguarding Letter
A letter prepared by CAFCASS before an initial children hearing, summarising safeguarding checks and any immediate concerns.
Schedule of Deficiencies
A document identifying missing or incomplete financial disclosure.
Section 7 Report
A report prepared under section 7 of the Children Act 1989, usually by CAFCASS or a local authority, addressing a child’s welfare and making recommendations to the court.
Section 25 Factors
The factors listed in section 25 of the Matrimonial Causes Act 1973 that the court must consider when deciding financial claims on divorce. These include income, earning capacity, property, needs, standard of living, age, duration of marriage, disabilities, contributions and conduct in rare cases.
Separation Agreement
An agreement made by a couple who separate but do not immediately divorce or dissolve their civil partnership. It may set out financial arrangements and practical matters.
Service
The formal delivery of court documents to another party in accordance with procedural rules.
Shared Care
An arrangement where a child spends substantial time with both parents. It does not necessarily mean equal time.
Special Guardianship Order
An order appointing a person as a child’s special guardian. It gives enhanced parental responsibility and is often used where a child is cared for by relatives or connected persons.
Specific Issue Order
An order resolving a particular issue about a child, such as schooling, medical treatment, religious upbringing or travel.
Spousal Maintenance
Regular payments made by one spouse or former spouse to the other following separation or divorce.
Statement
A written document setting out a party’s evidence. Statements are usually signed with a statement of truth.
Statement of Issues
A document identifying the main issues the court needs to decide, often used in financial remedy proceedings.
Statement of Truth
A formal declaration confirming that the facts in a document are true. Signing a false statement of truth may have serious consequences.
T
Tenants in Common
A form of property ownership where each co-owner has a distinct share in the property. This is commonly used where parties contribute unequal deposits or want their share to pass under their Will.
Third Party Intervener
A person or entity joined to financial remedy proceedings because they claim an interest in property or assets relevant to the dispute.
TOLATA
The Trusts of Land and Appointment of Trustees Act 1996. It is commonly used in disputes between unmarried co-owners about property ownership, occupation or sale.
Trust
A legal arrangement where assets are held by trustees for the benefit of beneficiaries. Trusts may be relevant in family law where property, inherited wealth, family assets or declarations of trust are involved.
Trustee
A person who legally holds or manages trust property for the benefit of another person or group of people.
U
Undertaking
A binding promise given to the court. Breach of an undertaking may be treated seriously and can lead to enforcement action.
Unmarried Couples
Couples who live together but are not married or in a civil partnership. They do not have the same financial claims as spouses or civil partners on separation.
V
Valuation
An assessment of the value of an asset, such as a property, business, pension or personal asset. Valuations are often required in financial remedy proceedings.
Variation
A change to an existing court order. Some orders, such as maintenance orders, may be capable of variation.
W
Wardship
A High Court procedure used to protect children in serious or complex cases. When a child is made a ward of court, major decisions require court approval.
Welfare Checklist
The list of factors in the Children Act 1989 that the court considers when deciding what is in a child’s best interests. It includes the child’s wishes and feelings, needs, likely effect of change, age, background, risk of harm and the capability of each parent.
Without Notice
An application made to the court without giving advance notice to the other party, usually because the matter is urgent or giving notice may create risk.
Without Prejudice
A rule protecting genuine settlement negotiations from being shown to the court deciding the dispute. It is intended to encourage parties to negotiate freely.
Without Prejudice Save as to Costs
A form of offer that cannot usually be shown to the court until after the main issues have been decided, when the court considers costs.
Witness Statement
A written statement of evidence prepared by a party or witness for use in court proceedings. It must usually be verified by a statement of truth.
X
Xydhias Agreement
A principle from case law concerning whether parties have reached a concluded financial agreement, even if all drafting details have not yet been finalised. It may be relevant where one party attempts to withdraw from an agreed settlement.
Y
Youth and Children Safeguarding Issues
A broad term for concerns about a child’s safety or welfare, including domestic abuse, neglect, substance misuse, mental health concerns or risk of harm.
Z
Zero-Hours Income
Income from work where hours are not guaranteed. This may be relevant when assessing income, maintenance, affordability and financial needs in family proceedings.