Glossary

This is when a child under 16 years of age is removed from a parent or legal guardian without the permission or the parent or court.

This is another word for 'contact'. This is usually used in relation to a child.

This is the form used to reply to the court that an individual (the respondent) has received a copy of the divorce application and associated paperwork submitted by their ex-partner (the applicant).

This is the increase in value of an asset directly due to the efforts of one partner during the marriage.

Add backs in financial family court proceedings are when marital assets, investments, and property are added to the marital pot before the division of the marital pot. Normally, this happens when you or your ex-partner has hidden, used, sold, spent, disposed off, or not declared a marital asset. This is allowed under the Family Law Act 1975. You can make a request to the judge during a court hearing or by completing and submitting an application form to do this.

When a court hearing is postponed to a later date and time.

This is the transfer to all legal rights to a child under 16 years of age from one set of parents (often the birth parents) to the adoptive parents.

This occurs when a court makes decisions in a financial settlement case when one partner fails to provide full disclosure of financial information. The court order made is based on conclusions reached based on lack of proper disclosure.

A person who will help, guide and support you through a court case. Depending upon who they are and their legal training if they have any, they MAY be able to represent you in court where they can put forward your case on your behalf. An advocate can help you stand up for your rights. A lawyer and barrister can be referred to as an advocate.

A written statement that has been sworn to be the whole truth by the individual who has written it. The written statement has a signed sworn statement of truth added to it. This statement is sworn with a solicitor present or an authorised court officer.

The term used to promise that you will tell the truth. An affidavit signed and dated by you is an example where you affirm that you will tell the truth. An affidavit is a written statement that has been sworn to be the whole truth by the individual who has written it. The written statement has a signed sworn statement of truth added to it. This statement can be sworn with a solicitor present or an authorised court officer.

This is account freezing court order

This is the term used when one party introduces evidence at a hearing that has not previously been disclosed or mentioned in a witness or position statement. This could be a new accusation or evidence.

A old legal term used for the process of dividing marital assets, finances and pensions during a divorce. Ancillary relief is also known as financial remedy or financial settlement.

The process of declaring a marriage invalid because the legal requirements of marriage were not followed. An annulment can be applied for at any time during the marriage.

An answer is the reply filed in court by a respondent in response to accusations made in a divorce application.

An Anton Pillar Order in family proceedings is also referred to as a search order. The court can order the search of the private premises of an individual for the inspection and seizure relevant papers, evidence, documents and things. This order is only made in exceptional circumstances.

To apply to reverse, overturn, amend, vary a court decision(s) that you disagree with.

An appellant is the person who completes and submits an appeal form to the court to set aside or vary an existing court order. You can request a new hearing, a stay on the existing court order or a stay on case proceedings while the appeal is being dealt with. There are strict time limits in which to lodge an appeal with the court.

The spouse who submits an application form to the family court to start divorce, child arrangements or financial settlement proceedings.

Arbitration is a formal process of sorting out your divorce without court intervention and hearings. An arbitrator is a neutral third party who acts like a private judge and will listen to both parties before making their decision(s). This decision(s) is called an award.

This is the amount of money that is due/outstanding for child maintenance and should have been paid earlier.

Assign is used to refer to the transfer of a marital asset from one partner to another.

The individual whose job it is to serve court papers on an individual. A bailiff must make sure this individual receives these court documents that require them to be informed, respond, comply with directions or attend court.

This is a situation or circumstance that occurs straight after a financial settlement court order is made but its effect completely negates or nullifies the court order.

This is also called a section 91 (14) order. This is a court order that stops an individual involved in the proceedings from making further applications until the end of the proceedings or until when the court order states.

A legally trained person who represents and speaks on behalf of an individual in front of a judge/magistrate in a court case. A barrister can also prepare a case to be presented in court, give specialist legal advice, review and gather evidence and research historical cases.

A person who has the interest and benefit of a property or any asset even though they may not be the legal owner.

The term used when a already married person undergoes a marriage ceremony to another person. In the UK this is illegal. You can only be married to one person at a time.

Written by a solicitor giving guidance and instructions to a barrister representing their client at a court hearing.

A bundle is an A4 file or electronic document of all the relevant paperwork in a court case. During a court case both parties and the judge will have a bundle in front of them so that everyone can access the correct paperwork at the same time.

This is the term used when it is the responsibility of a party to prove the allegation they have made in court. It is not the responsibility of the defendant to disprove the allegation.

Cafcass is the children and family court advisory and support service. They are involved in the court process of child arrangements where they assist families to make decisions about a child(ren) and often cast as the voice of the child(ren). They are a public body.

This is a settlement offer made by one party to the other in divorce proceedings to save costs. A Calderbank offer can also be referred to 'without prejudice save as to costs settlement offer'. This usually occurs to stop legal costs spiralling out of control. 

This is a meeting where social workers and individuals from other organisations meet to discuss and determine what steps need to be taken to look after, care and protect a child under 16 years of age.

This is part of the law that is based upon previous court decisions where a precedent has been set rather than the law that has been passed by parliament.

This is how a pension fund is valued when it comes to a divorce settlement. The CETV value provides a lump sum value of the fund.

The private office of a barrister or judge. Court hearings that are held in private away from the public are held in chambers.

The tangible personal property of an individual such as a car, clothes and jewellery.

In the UK a child is referred to as an individual who is under 18 years of age.

This order states with whom a child is to live, spend time or otherwise have contact. It will also address other issues relating to the child. It replaces contact and residence orders and combines both in one order.

The legislation passed by the UK government in 1989 that governs issues relating to children.

This is a document you must send to the court at the start of financial proceedings but before the FDA (financial dispute appointment/the first appointment). Your chronology should be a concise list with dates in chronological order of the key life events and incidents in your marriage leading up to the divorce. It is sometimes referred to as a background summary and should be no more than 1-2 pages long. This will help the judge at the first directions appointment (FDA).

A circuit judge is a judge who will preside over a case at their local county court.

A form of relationship that is legally binding but giving the same rights as those of a married couple.

The part of the financial settlement process during divorce where both spouses agree that neither one can make any future financial claim on any future income of either party after the divorce has been finalised.

The CMS oversees child maintenance payments. It is used by parents who cannot come to an agreement about child maintenance. The CMS replaced the CSA (child support agency) in November 2013.

This is a supplementary document that is attached to a will that states any changes you have made to your will without having to rewrite the whole will.

A form of domestic violence where an act or a series of acts by a partner or a member of the family results in controlling, scaring, and isolating you. Coercive control encompasses many forms of domestic violence.

The word used to describe the act of a couple living together.

Where two individuals live together as a couple without being legally married.

This is a legal agreement between a couple who are or intend to live together which details child arrangements, how finances are spent and the responsibilities of each partner while living together.

This is the act of sending an individual to prison.

This is the term used when a couple live together but they are not married or in a civil partnership. These couples are called common law spouses or partners. They do not have the same rights as a married couple when they separate.

A court order stating that the court believes you are entitled to a divorce.

The word used to describe the behaviour of either spouse/partner during the marriage and/or during the divorce proceedings.

The court can, in unusual circumstances, take your conduct or the conduct of your ex-partner in the marriage, separation and during the divorce into account in financial proceedings. Normally, this concerns the most extreme forms of negative behaviour.

This is a court order where a parent is ordered to pay a certain amount of child and/or spousal maintenance minus the amount calculated by the child maintenance service.

A court order where the content have been agreed between you and your ex-partner either between yourselves or with the help of mediation and approved by the court. In other words it is a court order reached by yours and your ex-partners consent. This consent order will also have a court stamp, mandatory warnings and penal notices on it. In child arrangements, a consent order is called a child arrangements order that has been reached by consent. In financial settlement/division of assets, a consent order is called a financial consent order. 

This is when the two individuals in a marriage have had sexual intercourse thus they have consummated the marriage.

An individual who is guilty of contempt of court is called a contemnor.

When you or your ex-partner have not complied with the directions of a court order. A person who is in contempt of court can be fined or imprisoned.

This is the process of how legal fees will be paid depending upon the outcome of a court case. An example of this is the 'no win no fee' type of court case.

A continuation order is issued by the court stating that either you or your ex-partner can occupy/live in the matrimonial/family home after the divorce. This type of order is made when the financial settlement aspect of the divorce has not been finalised and the party that has made a home rights application to the land registry would like to continue to live in the matrimonial home. Home rights often ends when a final order is issued by the court. A final order is a legal document stating your marriage has ended. A continuation order is often made for a set time period. If a continuation order is granted by the court then the person who has the home rights must apply to the land registry again to renew the home rights.

A costs order is a court order stating that one party will pay the full legal fees of the other party or contribute some money to cover part of the legal fees. A judge will normally determine this at the end of the divorce proceedings, however depending upon the conduct of the parties, this can be determined at any stage of the proceedings. Legal costs include solicitor and barrister fees and other relevant legal fees incurred. 

Another name for a barrister or a person legally advising you about your court case.

The county court is the name used for a civil court where family cases are heard and dealt with.

These are fees that are paid to the court regarding submission of applications to start proceedings and deal with matters within proceedings.

The court of appeal in the court which deals with appeal applications that are made to reverse or change decisions made by a lower court.

A legal document outlining the decisions that have been made during a court hearing. The court order will have a court stamp, and contain mandatory warnings and penal notices.

This happens when both you and the other party in proceedings make the same application more or less at the same time.

This happens in court where an individual will be asked questions by the other party. A barrister usually conducts the cross examination.

The CSA was replaced by the CMS (child maintenance service) in November 2013. It oversees all maintenance agreements made before November 2013.

Today in 2022 this term refers to 'with whom the child shall live with'. Another word for custody is residence.

This is the term used when a court declares that an individual has been served (they have received) a copy of an application form and relevant court documents whether they have or not.

This term can be used to describe the act when a person fails to reply to court papers. A default divorce is an uncontested divorce where only one party is involved because the other party cannot be reached.

A person who makes a statement, affidavit or deposition under oath is called a deponent. This usually happens in a deposition.

A deposition is a meeting conducted outside of the courtroom often in a solicitors office. Here information is gathered by both parties so that the case can move forward. This information can be used in future court hearings. A court recorder can be present to record what happens at this deposition meeting. A deposition can also be called a pre-trial. All statements and information is given under oath.

This is the process of hiring a barrister directly yourself rather than through a solicitor to represent you in your court case.

An instruction given by a judge/magistrate which must be acted upon and obeyed.

A directions hearing is a hearing where a judge will consider all applications and the facts of the case and give directions for both parties to follow so as to move the case forward.

This is a court order stating what both parties must do before the next hearing so as to progress the court case further. Very often a date and time is given by which to do these things.

An expense occurred in preparation and during a court case outside of legal fees that a solicitor will pay on your behalf. Examples of disbursements are accountant fees, estate agency fees, land registry fees and bank fees.

To provide all details that are required to go forward with court proceedings. These details can be provided voluntarily or enforced through a court order. In financial settlement court proceedings disclosure about an individuals assets and finances is done by completing and submitting a form E

The term used to end a civil partnership. It is similar to the word divorce which is the term used to end a marriage.

A district judge is a full time judge who presides over family court cases in the county court. They can hear both financial settlement and child arrangement cases.

A do-it-yourself divorce is where you or your ex-partner will complete all the divorce forms yourself and handle all court communication and hearings by yourself.

This is a term which encompasses the violence, threats, and abuse inflicted upon a partner or family member to control, scare and frighten them.

This is the location of your permanent home where you live or intend to come back to. There are 5 types of domicile you can have in the UK. Domicile of origin - This is acquired through birth and is the country that your parents (mainly your father) were domiciled in when you were born. If your father was not married to your mother or is deceased at your birth then you will acquire the domicile of your mother. Your country of domicile can be different from your country of birth. Domicile of dependency - A child under the age of 18 years will acquire the domicile of their parent or legal guardian when they move and change their domicile. Domicile of choice - This is the country that an individual over 18 years choses to be domiciled in by living and settling in that country permanently. Deemed Domicile - If an individual has been a resident in the UK for 15 of the last 20years then they are deemed a UK domicile for tax purposes. Elected Domicile - For inheritance tax purposes a non-domicile individual who is legally married to a UK domicile individual can elect to be treated as a UK domicile. This was introduced in 06-04-2013.

This is the location which you intend to make a permanent home to live or come back to.

This is the location which a new born child has. This location is the fathers domicile. If the father is deceased or unknown then the location is the mothers domicile.

A 'draft' version of a court order/consent order or an agreement is a version that has NOT YET been approved and stamped by the family court. The draft version is like a guide that will assist court staff to write the legally binding consent order.

The method of calculation used to calculate the amount of lump sum that should be paid to an ex-spouse instead of spousal maintenance over a long period of time.

DVIP is also known as DVPP - the domestic violence perpetrators programme. This is a programme for men who have committed domestic violence, aimed to help them with anger management and behavioural change.

This is the process, often court proceedings, to make sure one party complies with court directions.

An enforcement order is made by a court when a parent has breached a child arrangements order or when there is a complete breakdown of the child arrangements order. The court has to be completely satisfied that the parent in question has breached the child arrangements order and that their reasons have no grounds.

The is the net value of a property once the mortgage, any charges and fees have been paid in full.

This is a international treaty of 18 articles detailing the protection of human rights of people across Europe. It was drafted in 1950 and came into force on 03-09-1953.

This is another name for proof. An individual must forward proof to the court to support any allegations they have made.

To make an application to the court without informing your ex-partner/the other party.

This is another word for evidence. It is attached to a witness statement or affidavit.

A person who can write a report and offer an opinion on a topic in which they are an expert /have great knowledge and experience within.

A court decision or judgement made on the day of or straight after the hearing is called an extempore. Extempore means 'at the time'. It is often delivered orally at the end of the hearing. An extempore decision can sometimes be referred to as 'an off the cuff' decision.

This is a hearing where a court will consider evidence regarding allegations. The court will decide whether this allegations are true based on the balance of probabilities. It is the job of the party making the allegations to prove they are true.

A family assistance order is a section 8 order made by the court where they will direct Cafcass or a social worker to assist and help a family and child where a child arrangement order has been made. A family assistance order is usually in place for 12 months and a report is normally provided for the court.

The family court is where family court cases are heard. Family courts have been previously referred to the county court or magistrates court.

This is the law passed by the UK government governing all aspects of family law.

The FDA is the first court hearing in the financial settlement case. At this hearing the judge will review all the divorce paperwork and will give directions for each party to comply with so to move the case onto the next hearing called the financial dispute resolution (FDR). If all the paperwork is in place and all financial disclosure has happened then the FDA hearing can be changed to an FDR hearing immediately so not to waste time and costs.

This is the second hearing in a financial settlement case where both parties will try and negotiate to reach a settlement with the help of the judge. At the FDR the judge cannot force a settlement upon either party.

This is the name of the first hearing in a child arrangements court case.

This is the court hearing at the end of a case where a final outcome is decided. Unless there is an appeal the case will be closed after the final hearing.

A final order is a court order stating that your marriage has ended.

A legal term used for the process of sorting out marital assets, finances and pensions during a divorce to financially provide for particular party or all parties. Financial provision is also known as ancillary relief, financial remedy or financial settlement.

A legal term used for the process of dividing marital assets, finances and pensions during a divorce. Financial remedy is also known as ancillary relief or financial settlement.

A financial resource is an asset such as liquid assets, reserves, money, or stash which forms part of the marital pot under section 75(2)(o) of the family law act because it has a future financial benefit.

This is the information written in a court order detailing all the agreements and decisions that have been made with regards to the division of marital assets, pensions and finances during a divorce.

This is an court order that states that a child can be put up for adoption despite that fact there is parental opposition. In this case the adoption will go ahead without parental agreement.

A court order to stop an individual from selling or disposing of an asset.

The FRU is located in the central family court in London. It is a specialist unit that deals with complex financial settlements in divorce. Only specialised judges deal with these cases.

This is the term used when one parent controls the other parents access to a child.

This test is used to determine the ability of a child to understand their own court case and are they mature enough to consent/agree. It examines how a child deals with the process of making a decision by their ability to understand and assess risks.

An individual who is appointed by the court to look after a child and the interests of the child.

This is the country where you are settled, your main family life is, your children's schooling and your work is based.

A Hadkinson Order is made when an individual is in contempt of court many times and is not complying with court directions. The Hadkinson order will stop this individual from taking part in further proceedings until these directions are complied with.

The handover is when a the care and of a child passes from one parent to the other parent.

The behaviour of an individual towards another that causes mental and emotional distress. This can include derogatory comments, lewd propositions, touching, threats, assault and insults.

This court order states that one spouse can remain in the matrimonial home and pay rent to the other spouse who resides in another property.

A hearing is a court meeting where a judge/magistrate deals with a case.

Hearsay is when one party gives evidence that someone else/a third party said something. Hearsay is inadmissible in divorce courts because it cannot be proved and is unreliable. Hearsay are often statements intended to make the other party look unfavourable.

A hemain injunction is a court order which does not permit an individual from pursuing a divorce in another country.

The high court together with the court of appeal and the crown court are the senior courts in the UK. The high court has three divisions and they are a) Family division b) Chancery division c) Queens bench division.

The HMCTS is the government organisation that is responsible for the UK courts.

These are papers and documents that have been obtained during a divorce by an illegal manner that could lead to criminal proceedings. They cannot be used in court.

This is a term used to describe a parents deep rooted hatred towards the other parent where they will not co-operate with a court order, court directions and sharing parental responsibility.

This is the Latin term which means 'in the absence of'. In Absentia refers to a court decision that has been made despite the fact that one party did not attend - it was made in their absence.

This is a Latin term which means 'in a chamber'. In camera refers to a hearing that the press and public cannot attend.

This is the Latin term for 'in a court'. In curia refers to a court hearing that is held in an open court. An open court is a court that anyone can attend.

This is the Latin term for 'in the place of a parent'. In loco parentis refers to an individual who takes on the responsibility of a parent.

This is the Latin term for 'in the womb'. In utero refers to an unborn child.

This refers to contact between individuals that are not face to face. Indirect contact is contact by email, telephone, social media or letter.

A court order to stop an individual from doing a specific action.

These are unanticipated costs associated with bringing up a child.

This is the Latin term for 'amongst other things'. Inter alia is when the court makes a variety of court orders at a hearing as well as the one that was asked for or needed. Inter alia refers to the fact that there are other things involved as well as the thing you are mentioning or are concerned about.

This is the Latin term for 'between parties'. Inter partes refers to a court hearing where all parties are in attendance.

This is another word for an injunction. An injunction is a court order stopping an individual from doing something.

An interim order is a court order issued and actioned whilst divorce proceedings are ongoing. At the end of divorce proceedings the interim order is either ended or replaced with a final order. An example of an interim order is a maintenance pending suit order.

An intervenor is an individual who acts as a third party in legal proceedings.

This word refers to the level of contact an individual has with a child.

This is when a marriage has broken down beyond repair and both spouses cannot carry on living together. For this reason the UK family court can grant a divorce.

This word refers to a party becoming involved in a court case.

A couple can own a property as joint tenants which means if one of them passes away then the other will become owner of the whole property.

A judge is the individual who will make the decision in a court case.

A judgement is the final outcome of a court case.

This refers to the case where the same judge/magistrate should preside over case from start to finish.

This refers to the fact a judge can make a decision/court order that they think is appropriate - at their discretion.

This is the Latin term for 'he swears'. Jurat is the statement on an affidavit which states when, where and before whom it was sworn.

The term used to refer to whether a court has the power to make legal decision about a case. There are rules that govern whether a court can hear a particular divorce case. An example of this is where a UK family court can hear a divorce case where both spouses are resident abroad. Jurisdiction refers to the courts geographical area of influence.

This words refers to the philosophy and theory of law.

Another word for a magistrate.

This is when a child lives with, is cared for and protected by relatives or friends of the child that are not their parent.

The process of taking out legal proceedings/legal action/taking a dispute to the court of law.

This term refers to an individual who presides over a court case but is not legally trained, works part time and is not paid. They are volunteers who can claim expenses. In court there will be a legal adviser present to help them with points of law.

This is the term used when an individual asks the court for consent/permission to take a child abroad when the other parent is making an objection.

A government scheme that will pay the legal fees of an individual claiming benefits or on a low income. Legal Aid is now only available for divorce cases with reference to domestic violence, child protection cases and mediation.

This is the term used to describe the fact that communication between an individual and their legal representative such as a solicitor or barrister are confidential and cannot be divulged to anyone else.

This is when a court will approve the separation of a married couple. There will be a court order detailing the agreements and decisions made during the separation however the couple will still remain legally married. This happens when a couple do not want to or cannot divorce.

This is a court order that is granted so a public body such as the child maintenance service can enforce payment.

A litigant is an individual involved in legal proceedings.

An individual involved in legal proceedings but not represented by a solicitor or barrister.

The term used to refer to the process of starting legal proceedings or taking legal action.

This is a loan taken out though a solicitor to pay for your the legal fees of your divorce. A loan company will provide the loan and the solicitor will withdraw funds to pay for their fees.

This is an individual who helps a child or a protected person in legal proceedings. A protected person is a person who are mentally incapable of making their own decisions and sorting out their own affairs.

This is the word used for submitting/filing documents in court.

This is a court order where one ex-partner must give a lump sum to the other ex-partner. This often happens where the financially stronger ex-partner will give money to the financially weaker ex-partner for legal fees, advice, or mediation. This is often done when the financially weaker ex-partner is not eligible for legal aid. An LSPO can be a one-off payment or paid in instalments, payments can continue for a specified time or deferred payments set for the future. Any payment made under a LSPO order may have to be paid back into the matrimonial pot at the end of financial settlement proceedings.

A lump sum court order is when a judge orders one ex-partner to pay a lump sum of money to the other ex-partner. This can be, for example, when the marital house is transferred to one ex-partner so they can remain in the home. They need to pay a lump sum to the ex-partner moving out for their share of the marital house.

This is an individual who presides over simple court cases in their community. They are also referred to as justices of the peace. They are not legally trained, are volunteers, work part time and are unpaid. They can claim expenses. In court they will have a legal adviser present who will guide them on points of law. Magistrates sit in a group of three. The middle magistrate is known as the presiding justice and has been trained to be the chair. The outer two magistrates on either side of the presiding justice are called the wingers.

Once the court process for the division of your marital assets, finances and pensions has started, the financially weaker spouse in the divorce can make an application to the family court for a maintenance pending suit. A maintenance pending suit order is when the court orders the financially stronger party to provide for the financial needs of the other party during separation and during the divorce proceedings. This must be paid until the court says otherwise. Another name for maintenance pending suit is interim maintenance. The court can backdate the maintenance pending suit from the day the divorce application was filed. There is no tax payable on these payments. These payments also do not affect working tax credits, but can affect income support, housing, and council tax benefit.

This is another name for a freezing order.

This court order is similar to a mesher order, except there is an indefinite postponement of the sale of the marital home. The ex-partner who will remain in the marital home can usually live there until their death or some other trigger point mentioned in the mesher court order.

This act passed by parliament governs divorce and marriage in England and Wales.

The residence where the married couple are living together or have lived together during the marriage.

The right of a spouse to live in the marital home even though the other spouse owns the home outright. An application can be made to the Land Registry to prevent the spouse who owns the the marital home from selling or transferring it.

A McKenzie friend is an individual who can attend a court hearing with a litigant in person - a person who is involved in court proceedings and is not represented by a solicitor or barrister. Permission is required by the judge presiding over the hearing.

The process where a trained individual or group of individuals will help a separating or divorcing couple reach agreements and decisions about child arrangements and the division of marital assets, finances and pensions. The mediator(s) is independent and impartial. It is the law in the UK that all divorcing couples must attend mediation first to sort out matters and only if mediation fails can they start the court process of sorting out these matters. There are exceptions where couples are not required to attend mediation first and can come straight to the courts such as domestic violence.

This refers to the worthiness or quality of a case to bring it to court to be heard.

A mesher court order is an order where it is not in the best interest of the family, especially the children, to sell or transfer the marital home, therefore, it can be ordered to be sold or transferred at a later date. A mesher court order is also known as an order for a deferred sale. The marital home will remain in joint names until the time for the sale or transfer. This is usually called the trigger point. A trigger point could be when the children reach adulthood or when the children leave home. If the trigger point is death or remarriage of the ex-partner who remains in the property, then this court order is called a martin order. A mesher court order, in some instances, allows the court to ensure both ex-partners and the children have their housing needs met. A mesher order can provide stability for the children by allowing them to stay in the home and reduce stress for the family by not selling the marital home at the same time as the divorce proceedings are in progress. The marital home could also go up in value during the time it remains as the family home, which is advantageous to the whole family. However, a mesher order will mean that both ex-partners cannot sever ties permanently and capital (money) will be tied up in the marital home for some time, maybe years. This may be a temporary fix for the family as the issues of adequate housing for both ex-partners may arise again when the marital home is sold. Another factor that needs to be taken into account is the capital gains tax that the non-occupying ex-partner will have to pay when the marital home is eventually sold.

A MIAM is a mediation information and assessment meeting. UK law specifies that all divorcing couples must attend mediation first to agree child arrangements and financial settlement. Only if this fails or you are exempt can you ask the courts o intervene. A MIAM is the introductory meeting where you will meet your mediator and they will inform you how mediation works and the rules, They will also ask you what you hope to achieve.

This is a court order made in a foreign court outside of the UK that is the same as the court order made in the UK court. This mirror court order will allow the enforcement of the court order made in the UK court outside of the UK, because the UK court order is not enforceable outside of the UK.

This word refers to the incident when a judge makes the wrong decision, gives the wrong direction or directs a jury wrongly.

This is the term used to describe the fact that it may be better to NOT make a court order than to make one with regards to child arrangements.

A nominal maintenance order is a financial court order made to safeguard an ex-partner financially. An ex-partner may be able to presently support themselves as the means are available, however, this may not be the case in the future, meaning that the ex-partner may require financial assistance from the other party. As a result, a nominal maintenance order can be granted in favour of the ex-partner where they will receive a small amount every month or year. This can be assessed later and made into a substantive maintenance order. A substantive maintenance order is a set payment, normally a larger amount, made to an ex-partner every month for their living expenses. This will safeguard this ex-partner for all eventualities.

This is when one party in the divorce proceedings has not provided the information the court has asked for.

This is property and assets owned by an individual that has not been generated within or during the marriage.

An injunction against a named person to stop them threatening violence against you and your children and to prevent them from coming to and near your home.

This is the parent that does not live with the child, the child spends less than 50% of their time with this parent and/or this parent is not responsible for the day to day care of the child.

This is a document sent by the court to an individual informing them that their ex-partner has started divorce proceedings.

The term used when something is legally void. A marriage is null and void when the legal requirements for marriage have not been met.

A promise made by an individual in the court of law stating that they are telling the truth, the whole truth and nothing but the truth.

An injunction to be excluded from the property in which you both live. The court will decide who will be allowed to stay in the home or any part of the home.

This is an offer made by one party is divorce proceedings to bring proceedings to an end. The offer can be an open offer so that it can be discussed and brought up in any court hearing. The offer can also be a 'without prejudice' offer which means that it can only be brought up in court at a FDR hearing and no other hearing.

This is when the court will deal with a case application or matter without a court hearing.

An open court is where a case is being heard and dealt with where the public and the press can attend and report on. All family cases in the UK are NOT heard in an open court.

This is a court order stating that a certain property or asset is to be sold and the proceeds to be distributed as per the court order specifies.

This term is used to describe the fact that all court cases have to dealt with fairly, cost effectively and efficiently.

A paper hearing is a hearing held in private where you or your ex-partner or any legal representative are not required to be present. The judge will make a decision in private.

This is an individual who works alongside and assists a solicitor as part of a legal team but is not a qualified solicitor. A paralegal has a great deal of knowledge of the law. A paralegal will write legal letters and prepare legal documents, they will do research for the solicitor, interview clients and witnesses and prepare bundles for court.

This is the term used to describe the behaviour when one parent acts and makes decisions that distance their child from the other parent.

An individual who is in charge of the welfare of a child such as to protect and provide for the child. They are also entitled by law to make decisions in relation to that child.

A court case is referred to as part heard when the hearing is stopped due to lack of time for example and therefore has to be concluded at another time.

This is a statement at the front/top page of a court order stating that non compliance with the court order will result in some sort of punishment - often prison or a fine.

Pension earmarking means that when an individuals pension benefits start to be paid, a certain percentage of it will be paid to the ex-spouse. This will be arranged by the pension company once they receive the court order stating this. The pension will still remain in the individuals name.

This happens when the value of the pension is offset against another marital asset. This way the pension remains intact and is not split. An example of this is the marital home.

Pension sharing is when an individuals pension is split between both spouses so each one has their own pension. The pension company can only do this if they receive a court order stating this.

This is the Latin term for 'through lack of care or carelessness'. Per incuriam refers to when a court passes judgement or make an order but the law has not been followed or has been ignored.

Another term for periodical payments is maintenance payments. This is usually paid by the financially stronger ex-partner to the financially weaker ex-partner for child maintenance, spousal maintenance, and help with legal fees. Periodical payments are paid on a regular reoccurring basis, often monthly.

This occurs when an individual lies in court under oath or when they have affirmed they are telling the truth. Perjury is an offence.

Another word for a court application that you submit to the court to start proceedings or resolve matters.

Another word for applicant - the spouse who submits an application form to the family court to start divorce, child arrangements or financial settlement proceedings.

This is a court order stating that a local authority can put a child up for adoption.

This is an individual who starts court/legal proceedings against another individual, group of individuals, company or organisation.

A legal contract signed by a couple after a marriage has taken place detailing child arrangements and how assets and finances will be split in the event of a divorce or separation.

A legal contract signed by a couple at least 28 days before a marriage detailing child arrangements and how assets and finances will be split in the event of a divorce or separation.

This is when a judgement in a court case is widely recognised and becomes an example how other courts could make their decisions in similar cases. It can become the basis of future decisions and judgements.

This is the individual who has/is given the main responsibility for caring and protecting a child.

This is a legal right where communication between a law firm and a client for example can be kept confidential. Privilege protects sensitive and confidential information from being disclosed. Privilege also gives individuals the right not to answer questions or disclose information.

This is the Latin term for 'for the public good'. Pro bono refers to legal services or representation provided by a barrister, solicitor or law firm free of charge to help individuals on low income or benefits or cannot get legal aid.

An individual who's job it is to deliver court papers, often face to face, to a person whom the court wants to send them to. The process server will need to complete a certificate of service form to inform the court that this has been done.

A prohibited steps order is a section 8 order made by the court where the order stops you or your ex-partner from doing a particular act, such as, taking the child abroad if that is not in the best interest of the child. 

This is a court order where the court has decided what happens to the marital home during a divorce, for example, one ex-partner is ordered to transfer the marital home to the other ex-partner. 

This is a barrister whom members of the public can contact and instruct directly without going through a solicitor.

These are cases brought to the family court by the local authority mainly with regards to children.

A putative father is the presumed father of an illegitimate child. This relationship has no legal basis and has not been legally proved or otherwise.

A QC is a very senior barrister who is regarded as an expert with lots of experience in a particular field of law.

This is a document you must send to the court at the start of financial proceedings but before the FDA (financial dispute appointment/the first appointment). It lists all the questions you would like your ex-spouse to answer and any documents you want them provide/disclose. All questions and request for documents must be relevant to financial proceedings.

Ratio is the Latin tern for 'rationes decidendi'. Ratio is the term used to describe that part of a court order or judgement where the judge writes their reasons for coming to the decision(s) they have made. These reasons may set a precedent for future cases.

A recital is written in a court order (often at the beginning) and is different court directions which are also written into a court order (in the main body of the order). A recital is a sentence(s) about issues that a court cannot order or enforce. An example of this is 'neither party should disrespect each other in front of the children'. Court directions are enforceable.

This is a legally trained individual who can act as a judge on a part time basis where they are required to assist parties to prepare for trial, manage cases and give decisions in contested trials. A recorder is often a part time circuit judge.

This is the word used to excuse a judge/magistrate from presiding over a case because of conflict of interest or there maybe not be able to make an impartial decision. An example of this could be that one party is known to the judge.

The REMO unit is a government body that oversees child maintenance orders for those children whose parent(s) lives abroad in a REMO country.

This is the Latin term for 'a matter judged'. Res judicata refers to a case that has been tried and cannot be tried again.

This word is used to describe when a judge assigns a case so that it is only heard by that particular judge and no other.

A reserved decision made by a judge is made later (many days) after the court hearing and is often given in written form. The judge will put thought and preparation into a reserved decision. A reserved decision is different from an extempore decision where the judge will give an oral decision straight after the court hearing.

Residence order is an old name for a child arrangements order which details where and with whom a child shall live after a divorce or separation.

The parent with whom a child lives with on a day to day basis/the majority of the time.

The individual whose ex-partner has submitted an application form to the court to start divorce, child arrangements or financial settlement proceedings. The court will write to the respondent to inform them an application has been made, ask them to respond to the application, comply with court directions or to attend court.

This is a court order which stops an individual from coming near or contacting another.

This is the right an individual has to address a judge and examine a witness in the court room.

A rose order an agreement that has been reached in court and approved by a judge but has not yet been written up and sealed into a court order with a court stamp. The rose order came about because of the case Rose vs Rose where a financial agreement was reached at a financial dispute resolution (FDR) that was approved by the judge. The agreements and decisions were not written down into a court order but the court still upheld the full agreement reached at the FDR.

This is a meeting that is informal between a divorcing/separating couple and their legal representatives.

This is a report produced by Cafcass in preparation for the FHDRA court hearing for child arrangements. Previously this report was called a schedule 2 letter.

This is a document which details the things that the other party have failed to provide form your questionnaire. It can also list other things that are missing to proceed your divorce forward.

This is a document in a table format on which domestic violence allegations are written down by one partner. A copy of the scott schedule is sent to the court, Cafcass and the other partner. This partner them must complete their section of the scott schedule and respond to these allegations.

This is the court stamp that is put on on court order to indicate that it has been approved by the court.

This is a contract between a solicitor and a client whereby part of or all of your divorce financial settlement will go towards paying your divorce legal fees. If you do not have the means to pay for your divorce legal bill as you go along then this agreement is often put in place before the solicitor takes on your case so they get paid.

This is a narrative statement both parties involved in divorce proceedings send to the court prior to a final hearing. The judge will take both statements into consideration when making a decision about financial settlement. Both parties will write their case with regards to factors in section 25 of the matrimonial clauses act.

This is a report ordered by the court where there are serious concerns about the child/children’s safety during the child arrangement proceedings. There are fears the child/children may be at risk of harm. The section 37 report is either done by Cafcass or an experienced social worker and they will conduct a thorough investigation. This report will allow the court to determine what further action needs to be taken to protect the child/children, for example, a temporary care order or a supervision order. It takes about 8 weeks to prepare this report. During these 8 weeks, the child can be placed in temporary care. If a child is interviewed for a section 37 report, they are usually accompanied by their parent. If Cafcass or the local authority feel that a care or supervision order is not required, they must state their reasons.

This report is ordered by the court to be carried out by Cafcass or experienced social workers. An assessment or investigation must be conducted when a child/children are in police protection, are the subject of an emergency protection order, or the child/children are suffering serious harm. This report must be completed within 45 days. Cafcass or the social worker will obtain reports from the police, health visitors, doctors, and the school. They will also talk with the parents. Normally, if a child is interviewed for a section 47 report they are interviewed alone.

This is also called a welfare report. A section 7 report by Cafcass is a detailed report ordered by the court during child arrangement proceedings where you and your ex-partner cannot agree on issues concerning your child/children. This report will contain facts and details guided by the court and looks into issues that the court has asked Cafcass to report on. It will take into account the child’s/children’s wishes, needs, and feelings. The child/children will be interviewed most probably alone, depending upon the child/children’s ages. Cafcass may also speak to family members, teachers, counsellors, and health professionals in preparation of this report. The report will contain welfare issues, parental problems, family issues, and Cafcass recommendations about what they think should happen going forward. It takes 12 weeks for Cafcass to prepare a section 7 report.

This is a court order that stops an individual involved in the proceedings from making further applications until the end of the proceedings or until when the court order states. This order is also called a barring order.

To serve someone means they must receive a copy of your court application form and any other relevant court papers that require them to be informed, respond, comply with directions and/or attend court.

This is when the court dismisses an existing court order as if it had never been made in the first place.

This is the term used to describe the process when joint owners of a property who own the property as joint tenants with equal shares change the way they own it to tenants on common with equal shares.

This happens when a child's living arrangements is shared between both parents equally and the child lives with each parent at different days and times of the week.

The sharing principle applies when both parties involved in divorce proceedings own more assets and have enough finances to more than meet their individual needs. The court will use the sharing principle to decide how to divide these marital assets and finances.

This is the Latin tern for 'without a day'. Sine Die refers to the situation where a court hearing is adjourned without a new set date and time to continue the hearing. It is left open.

This is a written document where the outline of a case is detailed. It summarise the main issues that need to be addressed and the main arguments in a case. A skeleton argument is often prepared before a hearing.

This is the term used to describe a law suit where the primary objective is to silence, harass, intimidate and financially and psychologically exhausting someone from criticising and taking legal action against you. This is normally taken out by firms and organisations to supress someone from taking out legal action. This is a form of legal abuse.

This is the rule that is used where a judge can correct a court order or judgement because a mistake, omission, typing error or accidental slip has occurred. Under this rule notice does not need to be given to the other side nor is there a requirement for a hearing so the correction can be made. The party that has noticed the mistake can make an application for correction without notice.

A legally qualified individual who manages your case, gives you legal advise and represents you.

A specific issue order is a section 8 order made by a court where an agreement is not being reached between you and your ex-partner regarding a particular issue, such as, schooling, surname, medical treatment, going abroad, or stopping contact. Anyone with parental responsibility can apply for a specific issue order. Extended family can apply, but they need permission from the court first. They will ask for permission from the court. In some instances, a specific issue order can last until the child is 16 years or 18 years.

This is an free of charge online programme to help separated parents co-parent effectively, administer a child arrangement order and deal with child issues constructively.

This is the term used when a court hearing is in two parts. The first part will often be a fact finding hearing where evidence is gathered and assessed regarding allegations made. The second hearing is where the judgement or decision is made based on the facts found at the first hearing.

These are payments made to the less financially well off ex-spouse to support them after a divorce. These payments can be made voluntarily or specified in a court order.

This is a document you must send to the court at the start of financial proceedings but before the FDA (financial dispute appointment/the first appointment). Your statement of issues should be a concise document of 1-2 pages detailing the principal issues, the matters on which you and your ex-partner disagree/are in dispute, and the position taken by each of you on each matter. This will help the judge at the first directions appointment (FDA) to understand what are the main points of contention between you and your ex-partner.

This is a form sent to the court to inform them that an individual has been served/given/they have received a copy of an application and/or other relevant court documents that require them to be informed, respond, comply with a direction or attend court. The person who has served the individual that needed to be served must complete this form.

A paragraph at the end of a written statement stating that the person who wrote the content of the statement believes it to be the whole truth and nothing but the truth to the best of their knowledge. This paragraph must be signed and dated. A solicitor can also sign a statement of truth on your behalf.

A written law passed by parliament that originated from decisions made in courts throughout the country. A statute is an act of parliament.

This is the law that has been passed by acts of parliament.

This is the word used to temporarily halt or stop court proceedings from progressing forward.

This is when a court decides that documents/evidence/paperwork in a court case cannot be relied upon or used. They are struck out by the court.

This is the Latin term for 'under the name of'. Sub Nomine is where an individual starts court proceedings under one name and then continues under another name if they have changed their name during the proceedings.

Submission is sending documents, proposals, a legal argument or a court application to start proceedings to the court for consideration.

This is the Latin term for 'under penalty'. Subpoena refers to a summons or writ from the court requiring an individual to attend court.

This is another word for statutory law which is the written law passed by acts of parliament.

A substantive maintenance order is a set payment, normally a larger amount, made to an ex-partner every month for their living expenses

This is a court document/subpoena or writ served (given) on an individual informing them that they need to attend court.

This happens when a parent can only meet with their child in the presence and under the supervision of a third party.

The highest court in UK. The supreme court will deal with appeals from the court of appeal. Nine judges sit in the supreme court and deal with cases.

A couple can own a property as tenants in common which means if one of them passes away their share will be distributed as per their will.

A term order is any financial court order that has a start and end date is also referred to as a term order. An example of this is when a couple have been married for less than 5 years and spousal maintenance is awarded to the less financially well-off spouse for a set period of time stated in the court order until they can get themselves back on their feet. 

This is a form of consent order. It is an agreement between both parties involved in court proceedings. It is like a contractual agreement but it is legally binding. The typical Tomlin Order is when all further divorce proceedings and action have been stayed (stopped) as an agreement has been reached, however either party can apply to the court to resume proceedings if either parry does not comply with the agreement. They do not have to start fresh proceedings.

This is a document detailing everything that is said and by whom at a court hearing.

This is the term used when court proceedings are moved from one court to another.

The individual who an asset is transferred to is called the transferee. They are receiving the asset.

The individual who transfers an asset to another individual is called the transferor.

This is another word used to refer to a final hearing.

This is a legally binding promise made to the court that you will or will not do a certain action(s). If you do not abide by this promise then you will be in contempt of court and can be fined and/or imprisoned.

This is when an existing court order is altered in some way. To do this you would need to make an application to the court.

This is an individual who makes unnecessary and/or repetitive applications to the court in existing proceedings to harass the other party and delay the case. Their applications are often without merit.

This is a marriage where the legally requirements of marriage were not met thus making the marriage void. Another word for this is annul/annulment/nullity.

This is a notice that is attached to a child arrangements court order stating that if the terms of the child arrangements order are breached then the offender will be punished by jail or fines.

This is an order where an individuals legal costs are paid by their legal representative (solicitor. law firm or barrister) because the legal representative conducted the case in an improper, negligent, unreasonable and illegal manner. This is allowed under the Section 19A of the 1985 Act.

A whole life order is a court order issued during a divorce where the term is unlimited. An example of this is a whole life maintenance court order where maintenance is paid by one ex-partner to the another until the death of either party. Sometimes a whole life is referred to as a joint lives order.

This is the term used to describe legal proceedings and applications that are not likely to succeed. Another word for without merit is unmeritorious.

This is when you (the applicant) submit an application to the court for something but you do not inform the other party (the respondent) or send them a copy of your application form. The respondent is unaware you made the application. This often occurs where there is a need to protect the applicant in case the respondent reacts to the application causing detriment to the applicant.

Any document, letter, statement or draft that is labelled or marked 'without prejudice' cannot be shown to the court unless there is a without prejudice court hearing.

An individual who gives evidence in court. This can be done in person and/or by making a statement.

This is a court document ordering an individual to do something or stop doing something. A writ is called a legal or holy writing.

This is a court order that removes an individuals passport so they cannot travel out of the UK.

This is another name for a rose agreement where an agreement reached between a divorcing/separating couple that has been agreed by a judge is legally binding even though it has not been written up or sealed into a court order with a court stamp.