Glossary

Phrase

Meaning

Acknowledgement of Service

The form returned by the Respondent acknowledging receipt of a Petition for Divorce or Judicial Separation.

Affidavit

A statement sworn on oath. The Petitioner needs to file an CAFCASS Officer and provide the evidence supporting facts set out in the Petition.

Ancillary Relief

Financial provision including Periodical Payments Order, Lump Sum Order, Property Adjustment Orders and Pension Sharing Order

CAFCASS Officer

A member of the Children and Family Court Advisory and Support Services. They are independent people appointed by the Court to look into parental disputes over children. They report to the Court on what they consider to be in the child’s best interests, taking into account a range of issues set out in the Children Act.

Certificate of entitlement to a Decree

Confirmation that the Court is satisfied that the Petitioner has sufficiently proved the facts set out in his/her Petition.

Child of the Family

A child who has been treated as a child of the family, irrespective of who are his or her biological parents.

Consent Order

A Court Order made by agreement setting-out the terms which have been agreed by the parties. In exceptional circumstances the Court might not order what is agreed between the parties.

Contact Order

A Contact Order is an order of the Court which states with whom a child will have contact and the arrangements for that contact. A Court Order can order contact between a child and an adult or another child.

Decree Absolute

The final decree (order) ending the marriage, the parties are then divorced.

Decree Nisi

A decree (order) that a Decree Absolute can be granted after, six weeks unless there are reasons why this should not happen such as finalising financial issues. (“nisi” is Latin for “unless”).

Deed of Separation

A written agreement not involving the Court process setting out terms agreed between the couple relating to their affairs after separation and/or following the breakdown of the marriage.

Directions for Trial

Application made before a Petition can be considered by the Court.

District Judge

The County Court Judge who deals with all basic aspects of Divorce and Judicial Separation Proceedings, Nullity, Ancillary Relief and other orders.
Divorce The ending of the marriage.

Family Mediation

“A process in which an impartial person assists those involved in family breakdown and in particular separating or divorcing couples to communicate better with one another and to reach their own informed decision about some or all of the issues relating to or arising from the separation, divorce, children, finance or property” FMA/NFM Code of Practice. More details Family mediation pages.

FDR Appointment

Financial Dispute Resolution appointment at Court when the District Judge tries to help the parties to reach agreement on disputed issues.

Final Hearing

The main Court hearing relating to Ancillary Relief when the District Judge considers all the papers and hears evidence before deciding what Orders to make in respect of each party's applications.

First Appointment

The first appointment with a District Judge at Court after an application is made for Ancillary Relief. At the appointment the Court will decide what information and documentation has to be proved and by whom.

Form A

A Court form used to apply for Ancillary Relief.

Form E

A Court form giving financial and other relevant information. To complete the form a party must provide full and frank disclosure of their income and assets and it contains a sworn statement as to the truth of its contents.

Funding Certificate

A person’s entitlement to a Funding Certificate is assessed by the Legal Services Commission and is granted only if a person satisfies financial criteria and if the case merits a Funding Certificate. This gives us more scope to negotiate or issue proceedings. If a person recovers any monies as a result of the work carried out by us we will be obliged to hold onto sufficient monies to repay the costs incurred back to the Legal Services Commission. This is the Statutory Charge.

Judicial Separation

Recognition by the Court that the parties no longer need to co-habit with one another; their rights and duties as husband and wife are brought to an end. This does not allow re-marriage which can only take place after Divorce.

Legal Help and Help at Court

Eligibility for this type of Public Funding is normally assessed at the first meeting with us and is based on a person’s available income. It allows us to carry out initial work and evaluation of your case for up to 2/3 hours. This can be increased periodically by us to a maximum of £500 or 10 hours of work. During this time if work has become more complex or the case is unlikely to settle we may then apply for a Funding Certificate. This is not a gift but a loan from the Legal Services Commission who administer Public Funding. If a person recovers or preserves any money as a result of the work that we carry-out, the costs may have to be paid back to the Legal Services commission and a charge (similar to a mortgage) could be attached to freehold property owned by you. This is called the Statutory Charge.

Legal Services Commission

This body administers and monitors Public Funding.

Lump Sum Order (LSO)

An order that one party should pay a sum of money to the other.

Nullity

In very limited circumstances a marriage may be declared void (it never took place) or voidable (it is valid up to the date that it is declared a nullity).

Parental Responsibility (abb. “P.R.”)

All the rights, duties and responsibilities that a parent owes to a child, including the right to have a say in the major decisions of a child’s life such as education, religion, medical treatment etc. PR is automatic when the parents of a child are married. Where the parents are not married only the mother of the child has PR. PR can be obtained by the unmarried father by formal written agreement between the parents, or by an application to the Court for a PR Order.

Pension Sharing Order

An order that a percentage of one party's pension should be allocated to a pension fund of the other.

Periodical Payments Order (PPO)

An order that one party should pay regular payments (eg weekly, monthly, etc) to the other.

Petition

A written application to the Court which starts the proceedings for Divorce, Judicial Separation or Nullity.

Petitioner

The person who starts Court proceedings.

Prohibited Steps Order

An Order of the Court preventing an event or action happening in relation to a child for example in relation to a child’s education. The Court will decide whether it is in the child’s best interests for that event or action to happen.

Property Adjustment Order (PAO)

An order dealing with property and other assets, such as houses and land, investments, etc.

Public Funding

Some people may be entitled to help with the cost of their case from public funds because they are in receipt of benefits or are on a low income. Public Funding is the overall name of this type of financial assistance. There are two categories of public funding: -

  • Legal Help/Help at Court
  • Funding Certificate

Residence Order

A Residence Order is an order of the Court which states with whom a child will be based.

Respondent

The person against whom a Petition or application is presented.

 Special Procedure

The Court procedure which applies to all undefended proceedings for Divorce or Judicial Separation.

Specific Issue Order

Where parents cannot agree about a specific issue relating to a child, the Court can investigate and make a decision in relation to that issue

Statement of Arrangements for the children

A Statement which has to be given to the Court setting-out the Petitioner’s proposed arrangements for the future care of any Children of the Family. If the arrangements are agreed, the statement may be signed by the Respondent. The Court needs to be satisfied with the arrangements before it will grant a Divorce. 

Statement of Information

A brief summary of each parties financial position which is filed with the Consent Order.