Glossary

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.