Any legal process can be intimidating, often largely due to confusing legal jargon. Julie-Ann Harris, Family Solicitor, outlines the meaning of some of the terms used in the divorce process.
As of 6th April 2022 divorce law has changed drastically, thanks to the Divorce, Dissolution and Separation Act 2020. No-fault divorce is now law.
Therefore, the information in this article may be outdated. Please refer to our dedicated divorce page here for the most up to date information, or call us on 01202 499255.
Acknowledgement of Service
A form sent by the Court to the respondent (and co-respondent, if any) with the divorce petition. The form asks questions in respect of the petition and its’ return to the Court establishes service of the petition.
Adultery
Sexual relations with a third party whilst married, or before the Decree Absolute is granted.
Affidavit
A formal statement sworn under oath.
Ancillary Relief
A financial or property adjustment order made by the Court.
Answer
Formal defence to a divorce petition. Strict time limits apply to filing an answer.
Bigamy
A criminal offence committed when someone still legally married marries someone else
Bona Fide
True or genuine, given in good faith.
CAFCASS
The Children and Family Court Advisory and Support Services for England and Wales.
Charge on Property
Security entitling the holder of the Charge to be paid out of the proceeds of sale when a house (or other property) is sold.
Clean Break
A one-off order that deals with all the finances between a husband and wife. There can be no subsequent claim.
Co-habitation
Living together when unmarried.
Conciliation
A process of mediation to help couples reach agreement on issues related to divorce.
Consent Order
Order made by the Court in terms agreed by both parties.
Contact
Previously known as access. An order made under The Children Act for the child to visit or stay with the absent parent.
Co-respondent
The person with whom the respondent has committed adultery.
Cross Petition
When the respondent argues different grounds for the divorce from those put forward by the petitioner.
Custody
Now called Residence.
Decree Nisi
Provisional order for divorce showing that the Court is satisfied that the grounds for divorce have been established.
Decree Absolute
The final court order that ends a marriage.
Directions for Trial
When the Judge considers the petition and affidavit and asks for further information to be provided before issuing a Decree Nisi.
Disclosure
Full information relating to financial details about income, capital, assets and liabilities. This can be done voluntarily or the Court can order it.
Domicile
Normally the country where you were born unless a new domicile has been adopted by taking up permanent residence in another country.
Ex Parte
Application made directly to the Court without prior notice to the party or parties.
Filing
The petition, affidavits etc left with the Court Office for sealing and service.
Injunction
Order made by the Court telling someone what they must do or refrain from doing.
Minutes of Order
Draft terms of agreement placed before the Court with a request that a consent order be made in the same terms.
Non-molestation Order
To prohibit someone using threatening or violent behaviour towards you, or harassing or intimidating you.
Notice of Application
Forms on which applications to the Court are made containing full details of what is applied for.
Pending Suit
While the divorce process is on-going – (before the Decree Nisis has been granted)
Petition
The document requesting a divorce or Judicial Separation.
Petitioner
The person who starts divorce proceedings by filing a petition with the Court.
Prohibited Steps Order
Court Order used to prohibit something being done to a child – eg – removing the child from the country.
Respondent
The spouse who receives and responds to the petition for divorce.
Special Procedure
When a divorce is undefended the decree can be issued without wither spouse having to appear at Court.
Statement of Arrangements for Children
Form sent to the Court with the divorce petition setting out proposed arrangements for the children. This form should be agreed the both parents and signed, if possible.
Undefended Divorce
Where there is no dispute about the dissolution of the marriage.
Without Prejudice
This is a way of preventing the Court from knowing about any negotiations which did not result in an agreement. Usually seen at the start of a letter.
For a free initial meeting please call 01202 499255 and Julie-Ann or a member of her team will be happy to discuss any questions you may have.
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