An explanation of the Legal Phrases you may Encounter

Acknowledgement of service form
– the form by which the respondent (or co-respondent) acknowledges having received the divorce petition.

Affidavit
– a formal statement sworn on oath to be true by the person making it, usually in support of an application to the court, for example in relation to financial matters.

Ancillary relief
– a general term for the possible financial orders that a court can make.

Answer
– the formal defence to a divorce petition.

CAFCASS
- the Children and Family Court Advisory and Support Service (formerly, the Court Welfare Service). A CAFCASS officer is a social worker who assists the court with matters relating to children and may prepare a report in certain types of proceedings. In disputed children proceedings, he or she will usually meet with both parents and the children in order to prepare a report for the court on what is in the child's best interests.

Chronology
-a chronology of events provided before the FDA, FDR and Final Hearing to include dates of birth of parties and children, date of marriage,etc

Clean break
– a financial arrangement where it is agreed or ordered that the husband and wife will make no further claims against each other for capital or maintenance.

Conciliation
– the historical term for mediation. See below.

Consent order
– an order made by a court giving effect to the terms agreed between husband and wife.

Contact (formerly access)
– the arrangement by which a child sees the parent, or other individual, with whom he or she does not live.

Co-respondent
– a person with whom the respondent is alleged to have committed adultery. The law no longer requires that person to be named as a co -respondent in the divorce proceedings and a responsible solicitor will try to discourage you from doing so, as it is likely to create greater animosity and delay, and make the process more expensive in the long run.

Decree nisi
– the provisional order indicating that the court is satisfied that the ground for divorce has been established.

Decree absolute
– the final order of the court, which brings the marriage to an end.

District judge
– a county court judge who deals with most of the divorce proceedings and usually with financial matters.

Domicile
– the legal relationship between an individual and a country, usually arising from residence there with the intention of making it his or her permanent home.

Duxbury calculation
– a formula for working out the lump sum appropriate for a clean break, based on the amount of maintenance payable and the life expectancy of the recipient, etc.

Family Proceedings Court
– the name given to the division of the Magistrates' Court that deals with family law matters.

Final Hearing
-final hearing before the District Judge who will hear evidence and provide a judgment as to how the assets are to be divided

Financial dispute resolution appointment (FDR)
– the second court appointment in ancillary relief proceedings when a judge looks at the offers made on a “without prejudice” basis. Can, in more simple cases, sometimes be combined with the first appointment (below) to save costs and speed progress.

First appointment (or first directions appointment - FDA)
– the first court appointment in financial cases, when a judge considers what information is needed from each party in order to progress the case.

Form E
-Sworn Statement as to an individual’s financial position

Form G
-document prepared prior to the FDA setting out whether it can be utilised as an FDR

Form H
-an estimate of costs incurred prepared for the FDA and FDR

Form H1
-a statement of costs prepared for the Final Hearing

Heads of Terms of Agreement
-document drafted setting out the terms of the agreement between the parties. This is then later drafted into a Minute of Agreement for an Order by Consent.

Injunction
– an order of the court preventing or requiring action, usually in an emergency.

Interim Maintenance/Maintenance Pending Suit
-maintenance prior to the final decree

Judicial separation
– a formal separation sanctioned by the court, which enables the courts to make orders about money and property.

Maintenance pending suit
– temporary maintenance pending finalisation of the divorce.

Matrimonial home
– any property in which a married couple live together, whether or not they own it or rent it.

Mediation
– the process through which trained independent mediators try to help a couple reach agreement about arrangements to be made for children and sometimes finances.

Minute of Agreement for an Order by Consent
-document drafted reflecting the agreement reached between the parties. Provided to the Court for approval.

Open Proposal for Settlement
-proposal for settlement in writing which may be brought to the Court’s attention. Can be accepted at any time.

Parental responsibility
– where married, both parents of a child have joint parental responsibility for that child before, during and after divorce or separation. This term describes all of the rights, duties and responsibilities which, by law, a parent of a child has in relation to that child.

Periodical payments
– maintenance or alimony.

Petition
– the document in which a divorce or judicial separation is applied for.

Petitioner
– the person who applies for a divorce or judicial separation.

Prayer
– the part of the petition that asks the court to make financial orders in favour of the petitioner.

Prohibited steps order
– an order prohibiting specific steps in relation to a child, for example, a change of surname or removal from the jurisdiction.

Property adjustment order
– an order that a husband or wife should transfer property to the other.

Questionnaire
-a questionnaire filed before the FDA on the other party’s Form E or other disclosed documents

Residence order
– an order dealing with the arrangements regarding with whom a child is to live.

Request for directions
– an application to the court for a decree nisi.

Respondent
– the other spouse, upon whom the divorce or judicial separation proceedings are served.

Separation agreement
– a document setting out the terms agreed, usually before divorce proceedings are commenced.

Service
– the process by which court documents are formally sent to the party to whom they are addressed (usually via their solicitor).

Specific issue order
– an order determining a specific issue relating to a child; for example, an educational dispute or an issue over medical treatment.

Statement of arrangements
– the form that has to be sent to the court with the petition if there are children involved, which sets out the arrangements proposed for those children when the divorce takes place. This should be agreed by the husband and wife in advance and signed by both of them if agreed.

Statement of Issues
-statement setting out the legal issues between the parties, provided before FDA, FDR and Final Hearing

Without prejudice offer
-a proposal letter headed without prejudice that cannot be adduced as evidence until the costs hearing