Glossary of Family Law Terms

A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z

A is for

Absent Parent
The parent who is not living in the same household as the qualifying child as defined by the Child Support Act 1991.

Access
The old term for 'Contact'. See 'Contact'.

Acknowledgement of Service
This is the form sent by the Court with the Divorce Petition to the Respondent (and Co Respondent). The Respondent should return the completed form to the Court.

Adultery
Sexual intercourse with a third party of the other sex during the marriage.

Affidavit
A written statement, usually filed within Court proceedings, which contains evidence given on oath or by affirmation.

Answer
The formal reply to a divorce petition.

C is for

CAFCASS
The children and Family Court Advisory And Support Services for England and Wales. You may need to meet a CAFCASS officer if you apply to the Court for a order relating to a child.

In Chambers
This is the term used to describe when a Judge considers an application in private i.e. not in Open Court.

Child Abduction
The illegal removal of a child from one country to another. A removal may be illegal even if the child is removed by the parent with whom he/she lives.

Civil Partnership
The Civil Partnership Act 2004 enables a same sex couple to register a civil partnership which allows them equality of treatment in a whole range of legal matters .

Clean Break
An order that deals with all the finances between a husband and a wife dismissing all claims that either may have against the other in the future.

Collaborative Law
A new round table procedure with includes the attendance at meetings of both clients and lawyers. Clients effectively promise to work together to achieve settlement without Court intervention.

Conciliation Appointment
This is a Court appointment which effectively runs like a mediation appointment. Usually a CAFCASS officer and a Judge will be present for some/all of the process.

Consent Order
An order approved and made by the Court in terms agreed by all parties.

Contact
The arrangement for child(ren) to visit or stay with one parent who no longer lives with them.

Co-Respondent
The person with whom your spouse (the Respondent) has committed adultery.

Counsel
A barrister

Cross Petition
A second Petition issued by the Respondent in response to the petitioner's Petition.

Custody
The old term for Residence.

D is for

Decree Nisi
A provisional order declaring that the Court is satisfied that the grounds for the divorce have been established.

Decree Absolute
The final Court Order bringing a marriage to an end.

Directions for Trial
The time in the divorce proceedings when the Judge considers the petition and the affidavit in support of the petition. If there are children the Judge will also consider the Statement of Arrangements for Children at this time.

Disclosure
The process of providing full and frank details about capital, income assets and liabilities. This duty is ongoing during ancillary relief proceedings.

Domicile
This is usually the country in which you are born unless you take up permanent residence in another country- known as domicile of choice.

E is for

Form E
This is a sworn financial statement which contains details about each party's income, outgoings, assets and liabilities. It is exchanged as part of the ancillary relief proceedings but can also be used on a voluntary basis.

Equity
The net residual value of a property after charges and mortgages have been paid off.

F is for

FDR
The Financial Dispute Resolution Appointment ("FDR") is the first or second Court appointment within the ancillary relief proceedings where the Judge considers the merits of the case and the offers each party has made to settle the case prior to giving his view on settlement.

FDA
The First Directions Appointment (FDA) is the first appointment within the ancillary relief proceedings. The Judge considers what information and valuations are necessary to progress matters.

Financial Provision
The general terms for the financial orders which the Court can make pursuant to a divorce petition or judicial separation.

I is for

Injunction
A court order which prevents someone from doing something.

J is for

Joint Tenancy
A form of joint ownership of a property whereby both parties share the ownership of the whole of the property. If one dies the whole of the property passes to the other.

L is for

Lump Sum
A payment of a capital sum of money.

M is for

Maintenance
Payments by one party to another usually monthly as ongoing financial support for a spouse or child(ren) or both.

Maintenance Pending Suit
Maintenance but payable only until Decree Absolute.

Mediation
An alternative form of dispute resolution. This can be used to resolve differences in relation to divorce, finances or children issues.

Mortgagee
The lender of money e.g. a bank to purchase a property whose lending is then secured on the property.

Mortgagor
The borrower who obtains the mortgage.

O is for

Occupation Order
An order which regulates who lives in the matrimonial home or part of it.

P is for

Parental Responsibility
The rights and responsibilities a mother, married fathers and fathers name on the birth certificate of children born after 1st December 2003 have in relation to their children.

Pension Sharing
The division of a pension fund between two spouses.

Periodical Payments
Another term for maintenance. (See 'Maintenance').

Petition
The document formally requesting a divorce or judicial separation.

Petitioner
The person who files for divorce.

Process Server
A person paid to serve documents on the other party such as injunction proceedings.

Prohibited Steps Order
An order preventing the person named in the Order from taking a step in relation to the child as specified in the Order without consent of the court e.g. taking the child out of the UK.

Property Adjustment Order
An order transferring property from one spouse to another.

Q is for

Queens Counsel
A very senior barrister who has been appointed as Counsel to the Queen.

R is for

Residence Order
An order settling the arrangements as to whom the child will live with.

Respondent
The person responding to a court application or Divorce Petition.

S is for

Separation
Living separately and apart from your spouse or living under the same roof but leading separate lives.

Separation Agreement
An agreement made between separated spouses who wish to resolve the financial issues without commencing divorce proceedings.

Service
The process by which the Court send the documents to a party.

Specific Issue Order
An order settling a specific question which has arisen in connection with the exercise of parental responsibility for a child.

Special Guardianship Order
A Special Guardianship Order provides the holder with parental responsibility for a child to the exclusion of every other person with parental responsibility. An order can only be made to a person over 18 who is not a parent of the child in question.

Statement of Arrangements for Children Form
This document is filed with the divorce petition. It sets out the details of the arrangements for the children after a divorce e.g. accommodation, maintenance and childcare.

Statement of Arrangements for Consent Order Form
This document is filed at court with the Consent Order. It gives the court brief details of the Petitioner and the Respondent's capital resources, income, pension and future plans.

T is for

Tenancy in Common
A form of property ownership whereby each party owns an identifiable share of a property. If one party dies their share does not transfer automatically to the other. Rather it passes in accordance with their will or if there is not one the rules of intestacy. Transfer of Equity
Transfer property from joint names to the sole name of one owner.

Trusts of Land and Appointment of Trustees Act 1996
An Act of Parliament which enables the court to declare each parties' beneficial interest in a jointly owned property and order a sale of property if appropriate.

U is for

Undefended Divorce
Divorce proceedings in which no answer has been filed.

Undertaking to the court
An undertaking is a promise to the court that you will either do a specific act or not do something e.g. drink alcohol in the presence of the child. If these promises are broken you may be held to be in contempt of court.