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
A Section 28 (1) (a) Declaration
Direction Maintenance limited for a determinate period where the recipient will not be able to apply for an extension of that term.
Acknowledgement of Service
This is a form which has to be completed and returned to the court confirming receipt of the Divorce Petition.
Ancillary Relief
The financial Orders which the court has power to grant on divorce.
Annuity
Regular income payment purchased from the proceeds of a pension fund.
Answer
The response to a Divorce Petition when the divorce is to be defended.
Applicant
The person applying to the court for any Order.
Attachment (pensions)
The Court Order instructing pension trustees to pay a lump sum or income payments to a former spouse when the person entitled to the pension decides to take the benefits.
C
CAFCASS
Child and Family Court Advisory and Support Service.
CETV
The current value of benefits that have accrued under a pension scheme as measured by the amount which would be available in the event of a transfer being made to an alternative pension arrangement were the member to leave service.
Child of the Family
A child who has been treated as a member of the family, can include adopted children and stepchildren.
Child of the Marriage
A child who is the child of both parties.
Child Support Agency
The Government organisation for payment of child support.
Clean Break
A court order ending one or both parties' financial obligations towards the other.
Conciliation Appointment
A meeting between the parents of a child, the Judge and the CAFCASS Officer to discuss arrangements for the child. No Order is made unless the parties are all agreed and if not then the Judge will give directions for the future conduct of the claim.
Consent Order
The document confirming an agreement between the parties.
Contact Order
A court order which specifies the amount of contact (whether by face or by way of telephone calls and letters) the children shall have with the parent with whom they do not live.
Co-Respondent
The person named in a Divorce Petition who has committed adultery with the Respondent. It is not necessary to name this person.
Costs
The legal expenses of a case.
Commutation
The exchange of an income pension payment for a one-off capital sum.
D
Decree Absolute
The final Divorce Decree dissolving the marriage and enabling the parties to re-marry.
Decree Nisi
The first Divorce Decree confirming that the Petitioner has established that the marriage has irretrievably broken down.
Determinate Maintenance
Maintenance payments limited for a fixed period.
Directions
An Order from the court about what steps should next be taken in an action before the next court hearing.
District Judge
The Judicial Official who will determine your case.
F
Family Court Reporter
An independent professional who helps the court decide on the arrangements for the children if the parents are unable to reach an agreement between themselves, usually by preparing a report after a meeting with the parents and the children.
FDR
Abbreviation for Financial Dispute Resolution Appointment which is the second court hearing relating to finances where the Judge considers offers made and without being able to bind the parties expresses a view about the likely outcome of the case. If the case does not settle a final hearing will then be allocated for it.
Financial Relief
Also known as ancillary relief.
First Appointment
The first court hearing when the Judge decides what information should be produced by the parties and the timescale for doing so. Sometimes this hearing is treated as an FDR but usually a date is allocated by the Judge for an FDR.
Form E
The form detailing a party’s income and capital.
Freezing Order
A Court Order preventing a party from disposing of their assets (including assets abroad) – also known as a Mareva Injunction.
I
Injunction
A court Order which either forbids or requires a party to do something.
Interim Order
An Order made before a final Order is made.
Interim Maintenance
Regular payments made to support a former spouse during proceedings before a final Order is made.
Issuing
The process when a formal application for an Order is lodged at court with a fee and the court stamps the document. The application can be then be served upon the Respondent.
J
Joint Tenancy
The term meaning the joint ownership of land or property where both parties have an equal share – if one dies the entire property passes to the survivor regardless of the terms of any Will.
L
Lump sum Order
A Court Order requiring the payment of a lump sum to the other party. Provided the figure exceeds £5,000 interest will accrue in the event of late payment.
M
Maintenance
Regular payments made to support a former spouse.
Maintenance Pending Suit
Regular payments made to support a former spouse during the proceedings before a Decree Absolute.
Mediation
The procedure to help/assist a couple to reach an agreement relating to finances and/or the children conducted by a trained mediator who is independent.
N
Non-resident Parent
Under the Child Support Scheme this is the parent who does not officially live with the child but may spend a significant amount of time with them.
P
Parental Responsibility
A parent’s rights, duties and responsibilities for a child. Unmarried fathers do not automatically have parental responsibility but they can now acquire it by registration at birth.
Pension Sharing
A provision for a pension to be divided between two spouses.
Periodical Payments
Another term for maintenance.
Petition
The form applying for a Divorce.
Petitioner
The person applying for a Divorce.
Power of Arrest
Powers devolved to the police by court Order and attached to an Injunction where there has been actual or threatened violence with a risk of significant harm being suffered by the Applicant.
Pre-Nuptial Agreement
An agreement signed by parties in contemplation of their marriage specifying the financial consequences of any subsequent divorce.
Prohibited Steps Order
An Order made by the court which prevents any named person from taking certain steps such as taking a child abroad without first getting the court’s permission.
Property Adjustment
Order An Order transferring one party’s share in a property to another.
Protected Rights
Pension benefits derived from contracted-out payments which would otherwise been paid under SERPS. They must be taken in a prescribed form and cannot be commuted.
R
Residence Order
An Order detailing with whom a child should live.
Resident Parent
This is the parent with whom the child lives.
Respondent
The party who receives and responds to the Petition or Notice.
S
Section 25 Factors
The matters to which the Judge has to consider when making an Order for maintenance or capital provision.
Separation Agreement
An agreement detailing the terms on which the parties agree to separate. The court is not bound by such agreements but may consider them in making a final Order.
SERPS
State Earnings Related Pension Scheme introduced to supplement the flat rate basic pension.
Service
When a court document in proceedings is received by a party.
Specific Issue Order
An Order by the court determining a question that has arisen regarding any aspect of parental responsibility, eg changing schools.
Spouse
Your wife or husband as the case may be.
Statement of Arrangements
The form setting out the suggestions for the arrangements for the children after the parties divorce.
T
Tenancy in Common
A term for when the parties have separate shares in a property. If one party dies their share forms part of their estate rather than passing automatically to the survivor (as in joint tenancy). It is essential that there is an up-to-date Will.
W
White – v – White
The House of Lords decision establishing the principles to be applied by the court in considering applications for income and capital.
Without Notice Application
An application to the court (also known as an ex parte application) when only one party has the opportunity to put their case to the court.
Without Prejudice
A term applied to correspondence, usually an offer, which cannot be referred to in evidence
