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A

Access

 See contact

Acknowledgement of Service form

 The form is sent by the court to a Respondent (and Co-respondent if any) with the divorce petition. The form is completed by the Respondent (and Co-Respondent) to confirm that they have received the Petition and whether they intend to defend it.

Adultery

 This is one of the 'facts' used to establish that a marriage has 'irretrevably broken down' which is the 'ground' or reason for divorce. It involves sexual intercourse with someone of the opposite sex, who is not your husband or wife. This is not available for civil partnership dissolutions.

Affidavit

 This is a document which is sworn on oath or affirmed to be true by the person making it.

Alternative Dispute Resolution (ADR)

 Alternatives to court litigation, such as arbitration, mediation, or mini-trials. These procedures are usually less costly and can be dealt with more quickly than litigation.

Ancillary relief

 Another term for the financial remedies in, for example, divorce or civil partnership proceedings

Answer

 This is the formal defence to a petition for divorce, civil partnership dissolution or legal separation.

Application for Financial Remedy

A general term for the possible financial orders that a court can make in addition to a petition for divorce civil partnership dissolution or legal separation.

Arbitration

 A process by which a dispute is submitted to a neutral third party by parties who agree in advance that they will comply with the decision.

Attorneys

 Individuals named by you to deal with your affairs on your behalf during your lifetime.

C

CAFCASS

 The Children and Family Court Advisory and Support Service for England and Wales (CAFCASS Cymru). You will meet a CAFCASS officer if you apply to the court for any order affecting your child, for example Contact or Residence.

Certificate Provider

 Someone you choose to confirm that you understand the Lasting Power of Attorney and are not being pressurised into making it.

Charge

 A charge can be registered against the title of a property in the same way as a mortgage. It gives the person having the benefit of the charge security, as an intending buyer will wish to ensure that it is removed when he or she purchases the property.

Child Abduction

 The illegal removal of a child from his or her home, often from one country to another. A removal may be illegal even if it is by a parent who lives with the child, if someone with the right to help make decisions about the child, such as the other parent has not consented.

Child of the family

 A child who is under 16 or between 16 and 18 if in full-time education or training. A disabled and dependant child of any age is treated as a child of the family.

Civil Partnership

 Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners are treated the same as married couples on a wide range of legal matters.

Civil Partnership Dissolution

 This is the equivalent to a divorce for a married couple. The same ground exists as for divorce, namely that the relationship has “irretrievably broken down”. See Grounds.

Clean break

 This is an order made by a court stating that all current and future claims arising between parties in financial proceedings in divorce or civil partnership dissolution are dismissed.

Cohabitation

 This is used to describe two parties who are living together who have not entered a formal arrangement such as marriage or civil partnership.

Collaborative Law

 In the collaborative law process, each person appoints their own lawyer who has been trained in collaborative law. The couple and their respective lawyers all meet together to work things out face to face. Each of them has their own lawyer at their side throughout the process. The couple and their lawyers sign an agreement that commits them to trying to resolve issues without going to court and prevents them from representing the couple in court if the collaborative process breaks down. That means all are absolutely committed to finding the best solutions by agreement, rather than through court proceedings.

Consent order

 An order made by a court in terms which are agreed by both parties.

Contact

 (previously known as Access). The arrangement for the child or children to visit or stay with the parent who no longer lives with them. Indirect contact means the exchange of letters, telephone calls or presents. Contact orders can also be made in favour of people other than parents such as grandparents.

Co-respondent

 The person with whom your spouse (the respondent) has committed adultery. It is no longer a requirement for the person to be named.

Counsel

 Another term for a Barrister. If there are proceedings in court, a Barrister may be required to represent you. Also, Barrister’s may be asked to give their opinion – for example in relation to what a party is likely to receive in respect of a financial application. This could help parties negotiate a suitable settlement without going to court.

Court of Protection

 Court which makes decisions for those who have lost capacity and do not have a Lasting Power of Attorney in place.

Cross-petition

 This is when the Respondent argues different grounds for the divorce from those of the Petitioner.

Custody

 The old term for Residence. See Residence.

D

Decree Absolute

 This is the final court order in a petition for divorce bringing the marriage to an end.

Decree Nisi

 This is the conditional order which confirms that you are entitled to apply for the final divorce order, the decree absolute.

Deed poll

 A deed poll is an expression often used to describe a Change of Name Deed. It is evidence of the person's intention to be known by a new name.

Directions for trial

 The stage in the divorce proceedings when the judge considers the petition and the affidavit in support of the petition. The Judge can ask for further information to be provided before a decree nisi is pronounced.

Disclosure

 This is the process of providing full and frank financial details about a person’s capital, income, assets and liabilities. This is either done voluntarily, or the court can order it.

District Judge

 A county court judge responsible for dealing with most aspects of divorce and civil partnership breakdown including the financial matters.and children.

Domestic Abuse

 This is not limited to domestic violence but can also take other forms such as controlling someone’s movements or behaviour or verbally or psychologically abusing them. Controlling finances and denying a person access to money is also a form of domestic a

Domicile

 The domicile of origin is normally where you are born unless a new domicile of choice is adopted by taking up permanent residence in another country.

Donor

 This is the individual creating the Lasting Power of Attorney and giving power over their affairs to Attorneys

E

Emergency Protection Orders

 Enables the emergency removal of a child from a home in order to provide short term protection.

Equity

 Refers to the net value of a property after mortgages or other charges are paid off.

F

Fact-Finding Hearing

 An alternative dispute resolution mechanism in which a neutral third party seeks to determine the facts of a case. Unlike Arbitration, Fact-Finding does not seek to determine the legal consequences of the event, just what is believe to have actually occurred.

Financial Dispute Resolution Appointment (FDR)

 This is the second court appointment within Ancillary Relief proceedings where the judge considers all offers made including those on a without prejudice basis.

First Appointment (FA)

 This is the first court appointment within Ancillary Relief proceedings where the judge considers what other information is needed to determine financial matters.

Fixed Fee

 Co-operative Legal Services offer a range of fixed price services which help you budget and keep control over your legal costs.

Form E

 This is a sworn financial statement which contains details about your capital, income, assets and liabilities. Form E’s can either be exchanged voluntarily or as part of Ancillary Relief proceedings.

G

Guardians

 Individuals nominated in a Will to look after the physical and emotional wellbeing of children.

H

Health and Welfare LPA

 A legal document enabling you to name others to deal with your health related affairs on your behalf during your lifetime.

I

In chambers

 This term is used when a District Judge or Judge considers an application in private. This is less formal than open court.

Injunction

 A court order which requires someone to refrain from doing something. Penalties for not abiding by the order can include a fine or imprisonment in some cases.

J

Joint Tenancy

 A form of joint ownership of land in which both parties share the whole title to the property. If one party dies the survivor will own the entire property.

Judicial Separation

 This involves a court procedure which is similar to divorce. The main difference is that the court pronounces a decree of Judicial Separation rather than a divorce. This means that you and your spouse would remain legally married and therefore not able to remarry.

L

Lasting Power of Attorney

 A legal document enabling you to name others to deal with your affairs on your behalf during your lifetime.

Liquid Assets

 Cash assets or assets easily convertible into cash such as net equity in any property(ies), savings, shares, ISAs or endowments and other policies.

Losing Capacity

 To be unable to make or communicate your own decisions by reason of physical or mental impairment.

LPA

 An abbrieviation for Lasting Power of Attorney.

Lump sum

 A payment of a capital amount of money, often raised from the sale of property or other assets held jointly or by one of the parties.

M

Maintenance

 Money one spouse or civil partner pays to the other for ongoing financial support on a regular basis. Child maintenance may be payable for children too.

Maintenance pending suit

 Maintenance which can be applied for to the court during the divorce or civil partnership dissolution.

Matrimonial home

 A property where the married couple lives or have lived together. It can either be rented or owned.

Mediation

 A process in which an impartial third person assists those involved in a family breakdown to reach their own agreed and informed decisions about some or all of the issues relating to or arising from the separation, divorce, children, finance or property.

Mediation information and assessment meeting

 Before court proceedings over money, property or possessions or arrangements for children are started, you must usually have attended a Mediation Information and Assessment Meeting. At the meeting, the mediator will try to work out if mediation can help the parties reach an agreement.

Minutes of order

 This is when draft terms of agreement go before the court with a request that a consent order be made in the same terms.

Mortgagee

 This is usually a bank or building society, but it can be anyone, that lends you money to buy a property on the security of the property.

Mortgagor

 This is the borrower who obtains the mortgage.

N

Named Person

 Someone who you wish to inform that you have made a Lasting Power of Attorney and you are now going to register it.

Non-molestation Order

 This is an order made by a court to protect someone who has suffered domestic abuse.

O

Occupation Order

 An order made by a court setting out who is entitled to occupy a matrimonial home. A spouse or civil partner can be excluded from the home or from a certain part of it.

Office of the Public Guardian

 This is the agency that manages the registration and use of Lasting Powers of Attorney.

P

Parental Responsibility

 This means the rights and responsibilities that mothers and married fathers have to their children. Non-married fathers can acquire Parental Responsibility through marriage to the child's mother, by entering into a Parental Responsibility agreement with the mother.

Pension Sharing

 The division of a pension fund between two spouses or civil partners.

Periodical payments

 Another term for maintenance which can be paid weekly, monthly or annually.

Petition

 This is the document issued at the court for a divorce, civil partnership dissolution or legal separation.

Petitioner

 The person who files the petition at court.

Prayer

 The part of the Petition or Answer which asks the court to make orders in favour of the Petitioner or Respondent.

Pre-nuptial Agreement

 Also known as a Pre-marital Agreement, this is a formal written agreement entered into by a couple before marriage. Its purpose is to record the parties' intentions as to the division of assets in the event that the marriage breaks. For civil partners, it is known as a pre-civil partnership or pre-registration.

Professional

 Some Solicitors offer professional Attorney services, we do not offer these services at the Co-operative Legal Services.

Prohibited steps order

 This is a court order used to prohibit something being done to a child, for example removing a child out of the country.

Property adjustment order

 An order that someone should transfer a property or an interest in a property to the other in divorce or civil partnership proceedings.

Property and Financial Affairs LPA

 A legal document enabling you to name others to deal with your financial affairs on your behalf during your lifetime.

Q

Quickie divorce

 Although not strictly a legal term, this generally refers to a divorce which proceeds under the special procedure (see later) process. If a divorce is undefended, the actual time taken for a divorce will vary from court to court. Normally, it will take between 4 and 5 months to complete.

R

Request for directions

 An application to the court for a decree nisi, conditional order or decree of judicial separation.

Residence

 Where a child or children will live. A court may make a residence order setting out where a child should live.

Residence Order

 An application to the court appealing for them to make a decision over who the children should live with.

Respondent

 The spouse who receives and responds to the petition for divorce or Judicial Separation.

Rules of Intestacy

 Set of legal rules which determine who will inherit your property when you are gone if you don’t leave a Will.

S

Separation agreement

 A document which sets out the agreement reached in financial matters as a result of a couple separating. Often the agreement is used as the basis for an order made in future court proceedings.

Service

 The process by which court documents are formally sent to one party in court proceedings.

Special procedure

 When a petition is undefended, the decree or conditional order can be issued without either party having to appear at court.

Specific issue order

 An order to resolve a particular issue in dispute relating to a child, for example when parents cannot agree about schooling or medical treatment.

Spouse

 A husband or wife you are married to.

Statement of Arrangements for Children

 This form is sent to the court along with the divorce petition if there are any children. It sets out proposed arrangements for the children. If possible, this form should be agreed by the parents and signed.

Substitute Attorneys

 Individuals named by you to deal with your affairs on your behalf during your lifetime should your initial Attorneys become unable to act.

T

Tenancy-in-common

 A form of property ownership in which separate shares are agreed (usually when the property is purchased). If one of the owners dies their share will form part of their estate and will not automatically belong to the survivor unlike Joint Tenants.

Trust property

 Property named in a Will which is looked after by one set of individuals for the benefit of others.

Trustee in Bankruptcy

 Individual appointed when someone is made bankrupt to ensure any creditors are paid.

Trustees

 Individuals named in a Will to manage money on behalf of someone else in that document.

U

Undefended divorce

 Proceedings by agreement or when there is no answer.

W

Without prejudice

 This is a way of preventing the court at the final hearing from knowing about any negotiations which did not result in an agreement. You may see this term at the start of a letter.

What next?

Don't hesitate to get in touch, whether you need advice or just want to understand your options Speak to our legal team on: 0844 728 0153 Or request a call back