DIVORCE GLOSSARY
Divorce Terminology
| A note about terminology changes
Alongside the introduction of the new no-fault divorce process – changes have been made to a number of key terms used in the divorce process. The aim of these changes is to replace archaic and confusing legal language with with simpler, more understandable terms. The following terms have been updated:
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Acknowledgement of Service
This is a form you’ll receive from the court. You’ll need to complete it to acknowledge that you’ve received the divorce papers, and to let the court know whether the divorce will be defended or not.
Affidavit
This is a statement, in writing, that’s signed under oath. It’s a legally binding document.
Maintenance
This term refers to payments that must be made to support a spouse (or ex-spouse) during separation or after the divorce. Payments may be for your spouse or children
Appeal
In court, you have the right to appeal if you’re the losing party. This is an official request for a higher court to review the case.
Child support
This is money that must be paid by the non-custodial parent (i.e. the parent that the child is not living with) to the custodial parent (the parent living with the child).
Child Maintenance Service
This agency helps spouses to agree on child maintenance payments. They used to be called The Child Support Agency.
Co-respondent
If one of the parties involved is accused of adultery, the term ‘co-respondent’ refers to the individual that they were alleged to have been involved with (if this is the reason for the divorce or separation).
Decree Absolute (Final Order)
Now called the Final Order. This is the final order made in divorce proceedings that can be applied for six weeks and one day after a decree nisi has been given. Once this is received, the couple are no longer legally married and are free to remarry.
Decree Nisi (Conditional Offer)
Now called the Conditional Offer. This is the first order made in divorce proceedings and is given when the court is satisfied that there are reasonable grounds for granting the divorce. It is used to apply for a decree absolute.
Defended Divorce (Disputed Divorce)
Now called the Disputed Divorce. The situation where the responding party objects to the divorce being issued.
Disclosure
During the process, both parties may be asked to disclose certain financial details, such as income, assets and liabilities. Sometimes this is a mandatory requirement (a court order), otherwise it’s voluntary.
Dissolution
The legal termination of a marriage by a decree of divorce, nullity or presumption of death or of a civil partnership by the granting of a dissolution order.
Divorce
This is the legal ending of a marriage
Equity
This is the net value of the property, after paying off the mortgage or other debts associated with it.
First directions appointment (FDA)
This is the first court appointment (for financial proceedings) and is largely centred on ‘housekeeping’. During the FDA, the court decides what information is required to ensure the case progresses smoothly.
Financial Remedy
Formerly known as Ancillary Relief. This refers to different types of order used to settle financial disputes during divorce proceedings. Examples include: periodical payments, pension sharing, property adjustment and lump sums, and they can be made in favour of either the former spouse or the couple’s children
Financial dispute resolution (FDR)
This is the second court appointment for financial proceedings and provides the opportunity for both spouses to negotiate the terms with the assistance of the Court.
Financial settlement
This is an agreement made with regards the financial arrangement between spouses after a divorce.
Injunction
An injunction is a court order, preventing one of the involved parties from doing something (for example, acting abusively or disposing assets).
Judicial separation
This is a type of order that does not dissolve a marriage but absolves the parties from the obligation to live together. This procedure might, for instance, be used if religious beliefs forbid or discourage divorce.
Lump sum order
A lump sum order means that a spouse must pay an agreed amount of money to the other spouse; either in a single payment or in installments.
Mediation
The process of mediation involves a trained professional mediator, who works with the involved parties to come to agreements regarding financial or family matters (e.g. child visitation rights).
Non-molestation order
This is a type of civil injunction used in domestic violence cases. It prevents the applicant and/or any relevant children from being molested by someone who has previously been violent towards them. Since July 2007, failing to obey the restrictions of these orders has been a criminal offence for which someone could be arrested..
Oath
Once you take the oath in court, you’re under legal obligation to tell the truth.
Nullity
This is where a marriage is ended by being declared not valid. This can either be because the marriage was void (not allowed by law) or because the marriage was voidable (the marriage was legal but there are circumstances that mean it can be treated as if it never took place).
Occupation Order
This is a type of civil injunction used in domestic violence cases. It restricts the right of a violent partner to enter or live in a shared home.
Order
This is a directive given by the court which is a legal requirement.
Petition (Application)
Now called Application. The document (form D8) which commences the divorce process/An application for a decree nisi or a judicial separation order
Petitioner (Applicant)
Now called the Applicant. The person who commences a divorce. .
Pre- or post-nuptial agreement
This is a contract that can be agreed and signed at any point before or after the marriage. It can have a major impact on the divorce process.
Prohibited steps order
This court order prevents the spouse from doing something with their child; for example, taking them out of the country.
Reasons for a divorce
These are the five reasons provided for the court proceedings, identifying why the marriage has broken down.
Respondent
The respondent is the person who is given the application to go to court.
Separation agreement
This lays out the arrangement between a couple after separation.
Special procedure
Despite the name, this is actually the most common procedure for divorce cases. If the divorce is undefended, the decree nisi and decree absolute can be issued, and there is no need for either of the involved parties to appear in court.
Undertaking
This is a promise, which is either given to the other spouse or the court. Once it has been made in court, it is the same as a court order; and failure to keep to the undertaking will place the spouse in contempt of court.
Unreasonable behavior
This can be one of the five reasons for getting divorce. Details of the behavior must be laid out in the divorce petition.
Without prejudice
Any documents that are marked as ‘without prejudice’ cannot be shown to the court.
