Glossary

A pause or postponement of a hearing, either for a short break during the day or to a later date. You can ask the judge for one if you need time to compose yourself or read a document.

Also known as: adjourn, adjourned

The person who started the court case by filing an application. In family court, this is the person who applied for a divorce, children order, or financial order. Being the applicant does not mean the court thinks you are right.

A private process where an independent arbitrator makes a binding decision about your dispute. Faster than court but both parties must agree to use it.

Also known as: arbitration

A specialist courtroom advocate who speaks on behalf of a party in court. Barristers are usually hired for specific hearings and instructed by a solicitor. In Crown Court they wear a wig and gown; in family court they wear a suit.

Also known as: Counsel

An organised file of all the documents the court needs for a hearing, indexed and paginated. Both parties usually need to agree on its contents.

Also known as: court bundle, hearing bundle

The application form you use to ask the court to make a decision about your children, such as where they live or how much time they spend with each parent.

Also known as: Form C100

A supplementary form filed alongside a C100 when there are allegations of harm or domestic abuse. It asks about any risks to the child.

Also known as: Form C1A

Children and Family Court Advisory and Support Service. An independent organisation that advises the family court on what’s best for children. A Cafcass officer may speak to you, the other parent, and your children.

Also known as: CAFCASS

A formal settlement offer made "without prejudice save as to costs." If the other party rejects it and the court awards the same or better, the rejecting party may have to pay costs from the date of the offer.

Also known as: Calderbank letter

Cash Equivalent Transfer Value. The cash value of a pension if it were transferred to another pension scheme. Used to compare and value pensions during financial proceedings. Free to request from your pension provider.

Also known as: Cash Equivalent Transfer Value

A court order that sets out where a child lives and how much time they spend with each parent. Replaced the old residence and contact orders.

Also known as: child arrangements order, CAO, Lives With Order, Spends Time With Order

Regular payments made by the parent who does not live with the child to help with the cost of bringing the child up. Usually arranged through the Child Maintenance Service.

Also known as: child maintenance

A senior judge who sits in Crown Court and County Court. They wear robes and sometimes a wig. Address them as "Your Honour."

A national charity offering free, confidential advice on legal, financial, and other problems. They have local offices across England and Wales.

Also known as: Citizens Advice Bureau, CAB

A financial settlement where both parties walk away with no ongoing financial ties to each other. No maintenance payments, no future claims. A clean break order makes this legally final.

Also known as: clean break, clean break order

A type of consent order that completely severs all financial ties between ex-spouses. Neither party can make any future financial claims against the other. The most common and usually the most sensible outcome.

Also known as: clean break order

Child Maintenance Service. The government body that calculates and collects child maintenance payments if parents cannot agree arrangements themselves.

Also known as: Child Maintenance Service

A pattern of behaviour that seeks to take away a person’s liberty or freedom, including intimidation, isolation, monitoring, or controlling their daily life. It is a criminal offence.

Also known as: coercive control, coercive or controlling behaviour, post-separation coercive control

A process where both parties and their lawyers agree to negotiate a settlement without going to court. If the process breaks down, both lawyers must withdraw.

Also known as: collaborative law

The court’s provisional agreement that you’re entitled to a divorce. Previously called a decree nisi. You can’t remarry until the final order is granted.

Also known as: conditional order, Decree Nisi, decree nisi

The first stage of the divorce order, confirming the court is satisfied the marriage has broken down. Formerly called decree nisi. You apply for this after the 20-week reflection period.

Also known as: decree nisi

A legal document that turns an agreement between you and the other party into a court order. Once approved by a judge, it’s legally binding and enforceable.

Also known as: consent order

A court-approved agreement between divorcing parties about how to divide finances. Costs £60 to file. Makes the agreement legally binding and prevents either party from making future financial claims.

Also known as: consent orders

A member of court staff who manages the practical running of the courtroom. They call cases, administer oaths, pass documents to the judge, and help keep things moving. Also called the usher.

Also known as: Usher, Court usher

The court that handles serious criminal cases such as murder, robbery, and serious fraud, as well as appeals from the magistrates’ court. The most formal court, where barristers wear wigs and gowns and cases are decided by a jury.

The form you use to apply for a divorce or dissolution of a civil partnership.

Also known as: Form D8, divorce petition

A short form filed with a consent order to give the court a summary of both parties’ finances, so the judge can check the agreement is fair.

Under UK data protection law, the person or organisation responsible for how personal information is stored and handled. Your court bundle contains personal data, so the copies you hold are your responsibility to keep safe or destroy.

Also known as: data controllers

A way of hiring a barrister directly without going through a solicitor first. Can save money if you only need help with a specific hearing or document.

Also known as: direct access, Direct Access barrister

A list of instructions from the judge telling both parties what they need to do before the next hearing, and by when. For example, filing statements or attending mediation.

Also known as: directions order, directions

The process of sharing all relevant financial information with the other party and the court. Both sides must give a full and honest picture of their finances.

Also known as: financial disclosure

A full-time, legally qualified judge who sits alone. In family court, District Judges handle most cases and wear a suit rather than robes. Address them as "Sir" or "Madam."

Any incident or pattern of controlling, coercive, threatening, or violent behaviour between people who are or have been in a relationship. Includes physical, emotional, psychological, sexual, and financial abuse.

Also known as: domestic abuse, domestic violence

Dispute Resolution Appointment. A second hearing if agreement was not reached at the FHDRA. The judge reviews progress and may set a timetable for a final hearing.

Also known as: Dispute Resolution Appointment

The form you use to apply for help with court fees (fee remission). You’ll need to provide details of your income and any benefits you receive.

A hearing where the court decides whether alleged events (usually domestic abuse) actually happened. The judge hears evidence and makes findings that affect the rest of the case.

Also known as: fact-finding hearing, fact finding

The court that handles family cases including divorce, children arrangements, financial orders, protection orders, and adoption. Less formal than other courts: the judge usually wears a suit, not robes.

A government scheme offering up to £500 towards the cost of family mediation. Available for eligible disputes about children or finances.

Also known as: mediation voucher, £500 mediation voucher

First Directions Appointment. The first hearing in financial proceedings. The judge checks both parties have provided proper financial disclosure and sets a timetable.

Also known as: First Directions Appointment

First Directions Appointment. The first hearing in financial remedy proceedings. A short procedural hearing where the judge checks both parties have filed Form E and sets a timetable for the case.

Also known as: First Directions Appointment

Financial Dispute Resolution hearing. A special hearing where a judge gives an indication of what they think is a fair outcome, to encourage settlement. Anything said at the FDR stays confidential.

Also known as: Financial Dispute Resolution

Financial Dispute Resolution. The second and most important hearing in financial remedy proceedings. The judge reads both Form Es and gives an indication of what they think a fair outcome would be, to encourage settlement.

Also known as: Financial Dispute Resolution

A reduction or waiver of court fees if you’re on a low income or certain benefits. You apply using the EX160 form.

Also known as: fee remission, help with fees

First Hearing Dispute Resolution Appointment. The first court hearing in a children case. A judge will try to help you reach agreement and give directions for next steps if you can’t.

Also known as: First Hearing Dispute Resolution Appointment, first hearing

The document that legally ends your marriage. Previously called a decree absolute. You’re free to remarry once this is granted.

Also known as: final order, Decree Absolute, decree absolute

The order that legally ends the marriage. Formerly called decree absolute. You are not divorced until this is granted. Most people delay this until finances are sorted to protect pension and inheritance rights.

Also known as: decree absolute

The legal process for dividing money, property, pensions, and other assets after divorce. Also called financial proceedings or ancillary relief.

Also known as: financial remedy, Financial Proceedings, financial proceedings, ancillary relief

The court process for dividing finances when divorcing parties cannot agree. Involves up to three hearings (FDA, FDR, final hearing). Costs £313 to apply.

Also known as: financial remedy order, financial remedy proceedings

The application form for a non-molestation order or occupation order to protect you from domestic abuse.

Also known as: Form FL401

The form that starts financial proceedings after divorce. It asks the court to decide how assets, property, and money should be divided.

Also known as: Form A notice

A detailed financial disclosure form. Both parties must fill one in during financial proceedings, listing all income, assets, debts, and expenses.

A 28-page financial statement that both parties must complete in financial remedy proceedings. Covers income, property, pensions, savings, debts, and budgets. The basis for the court to make a fair decision.

The legal obligation to tell the court about all your finances, including assets and debts, during financial proceedings. Hiding assets can lead to costs orders, adverse inferences, or the entire agreement being set aside.

Her Majesty’s Courts and Tribunals Service. The government agency responsible for running the courts in England and Wales, including family courts.

Also known as: Her Majesty’s Courts and Tribunals Service

The form used to register a Home Rights Notice at the Land Registry. Free to file. Prevents a property being sold or remortgaged without the other spouse knowing. Essential if the property is in one name only.

Also known as: HR1, Home Rights Notice

Legal Aid, Sentencing and Punishment of Offenders Act 2012. The law that removed most private family cases from legal aid eligibility.

Also known as: LASPO Act

A legally qualified professional who sits with magistrates in the magistrates' court and advises them on points of law, procedure, and sentencing guidelines. They do not make decisions themselves.

Also known as: Justices' clerk, Court legal adviser

Government funding that pays for legal help if you can’t afford it. In family law, it’s mainly available for domestic abuse cases and some child protection matters.

Also known as: legal aid

The government body that administers legal aid in England and Wales. It decides whether you qualify for legal aid and pays your legal costs if you do.

Also known as: LAA

Someone who represents themselves in court without a solicitor or barrister. Also called a self-represented party.

Also known as: litigant in person, LIP, self-represented

A court order requiring one party to pay a fixed amount of money to the other. Often used alongside property transfers as part of the overall financial settlement.

Also known as: lump sum order, lump sum

A court that handles less serious criminal cases, some family matters, and bail hearings. Cases are decided by a panel of 3 volunteer magistrates or a District Judge. Magistrates handle about 95% of criminal cases in England and Wales.

Also known as: Magistrates Court

A court order allowing one spouse to live in the family home until remarriage, cohabitation with a new partner, or death. Rare, and usually only made when there is enough other wealth for the other person to rehouse.

Property, money, pensions, or other assets acquired during the marriage. The starting point is that these are shared equally, though the court can adjust this based on needs.

Also known as: matrimonial assets, matrimonial property

The main law governing divorce and financial settlements in England and Wales. Section 25 of this Act lists the factors a judge must consider when dividing finances.

Also known as: Matrimonial Causes Act

A person who sits with you in court to provide moral support, take notes, and help organise documents. They’re not a lawyer and can’t speak to the judge on your behalf.

Also known as: McKenzie friend

A process where an independent person helps you and the other party reach agreement without going to court. It’s voluntary, and anything said in mediation is confidential.

Also known as: family mediation, shuttle mediation

A written summary of what was agreed during mediation. It is not legally binding on its own but can be turned into a consent order by the court.

Also known as: memorandum of understanding

A court order that defers the sale of the family home until a specific event, such as the youngest child turning 18. Both parties retain an interest in the property and share the proceeds when it is eventually sold.

Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation.

Also known as: Mediation Information and Assessment Meeting, MIAMs

The divorce system used in England and Wales since April 2022. You no longer need to blame your spouse. You simply state the marriage has broken down irretrievably.

Also known as: no-fault divorce

Property, money, or other assets owned before the marriage or inherited or gifted to one party during the marriage. These may be treated differently, especially in shorter marriages.

Also known as: non-matrimonial assets

A court order that protects you from someone who is being violent, threatening, or harassing you. Breaching it is a criminal offence.

Also known as: non-molestation order, non-mol order, Non-mol

A court order that decides who can live in the family home. It can require someone to leave or allow someone to return.

Also known as: occupation order

The legal rights and duties a parent has towards their child, including decisions about education, medical treatment, and religion. Mothers automatically have it. Fathers have it if married to the mother or named on the birth certificate.

Also known as: parental responsibility, PR

A warning attached to a court order telling the person that if they break it, they could be sent to prison, fined, or have their assets seized.

Also known as: penal notice

A way of dealing with pensions on divorce where one person keeps their pension and the other receives a larger share of other assets (like the house) to compensate.

Also known as: pension offsetting

A way of dividing pensions on divorce. A percentage of one person’s pension is transferred into a pension in the other person’s name.

Also known as: pension sharing, pension sharing order

Pension on Divorce Expert report. An independent expert’s analysis of pension assets in a divorce, helping the court decide how to divide them fairly.

Also known as: PODE report, PODE

A short document you give to the judge at the start of a hearing summarising your position, what you’re asking for, and any key issues. Usually 1-2 pages.

Also known as: position statement

Legal work done for free. Some barristers and solicitors offer pro bono advice or representation to people who cannot afford to pay.

Also known as: pro bono

A court order that stops a parent from taking a specific action without the court’s permission, such as taking a child abroad or changing their school.

Also known as: prohibited steps order, PSO

An organisation of family law professionals committed to resolving disputes in a constructive way. Their members follow a code of practice that prioritises reducing conflict.

Also known as: Resolution member

The person responding to a court application. In family cases, this is the person who did not start the proceedings. Being the respondent does not put you at a disadvantage.

Checks carried out to make sure children are safe. In family court, Cafcass does initial safeguarding checks by contacting police and social services before the first hearing.

Also known as: safeguarding checks, safeguarding letter

A table used in fact-finding hearings where each allegation is listed with the date, what is alleged, and the other party’s response. It organises disputed facts clearly for the judge.

Also known as: Scott schedule

The list of things a judge must consider when deciding how to divide finances after divorce. Includes income, assets, needs, standard of living, age, contributions, and the welfare of any children.

Also known as: s.25 factors, s25 factors, Section 25

The legal factors the court considers when dividing finances in a divorce. Named after Section 25 of the Matrimonial Causes Act 1973. Includes income, needs, standard of living, contributions, and the welfare of any children under 18.

Also known as: s.25 factors

A detailed welfare report written by Cafcass after the first hearing if the court needs more information before making a decision about a child.

Also known as: section 7 report, Section 7, s7 report

A lawyer who manages your case day to day, handles paperwork, gives legal advice, and instructs a barrister when needed. Unlike barristers, solicitors deal with you directly and handle the ongoing relationship.

A court order that settles a specific disagreement between parents about a child’s upbringing, such as which school they attend or whether they receive a medical treatment.

Also known as: specific issue order, SIO

Regular payments made by one ex-spouse to the other after divorce to help them meet their living costs. Can be for a set period or, in rare cases, for life.

Also known as: spousal maintenance, maintenance payments

A charity that provides free, independent, practical support to people going to court without a lawyer. They can help you understand paperwork and prepare for hearings.

Also known as: Personal Support Unit, PSU

Hiring a solicitor or barrister for specific tasks only, such as reviewing a document or preparing a position statement, rather than running your whole case. A cheaper alternative to full representation.

Also known as: unbundled solicitor, unbundled legal service, unbundled

A formal promise made to the court. Breaking an undertaking can be treated as contempt of court. Often used as an alternative to a court order when both parties agree.

Also known as: undertaking

A list of factors the court must consider when making decisions about children. Includes the child’s wishes, physical and emotional needs, the likely effect of any change, and any harm they’re at risk of.

Also known as: welfare checklist

An application made to the court without telling the other person in advance. Used in urgent situations, especially for protection orders where there’s immediate risk.

Also known as: without notice, ex parte

A legal rule meaning that offers or discussions made in an attempt to settle a dispute cannot be shown to a judge. It encourages open negotiation without fear of it being used against you.

Also known as: without prejudice