A glossary of related legal terminology
Acknowledgement of Service: This is a document that must be completed and signed by the Respondent indicating to the court whether or not he consents to the divorce.
Application form: is a specific court document you complete to start the process e.g. the petition for getting a divorce or Form A for a financial order.
Application for a financial remedy: Form A is the application that a Petitioner would use to start the proceedings in relation to obtaining a financial order following a hearing or a settlement reached by agreement.
Application for Directions for Trial: (in divorce) The Judge does not make directions unless you request him to do so. This application allows the Judge to examine the paperwork before giving directions as to whether you are entitled to a decree.
Cohabitation: This is the legal term for two people who are not relatives but are living together as man and wife.
Completion this is the date on which you actually purchase/sell your property and move out.
Conveyance : The legal process of buying and selling or otherwise disposing of a house.
Civil Partners: Same sex couples who have signed the Register.
Civil Partnership: This term applies to same sex relationships where the parties have had their relationship formally and legally registered.
Civil Partnership Agreement: The law now recognises same sex relationships and gives legal force to those whose relationships have been registered. Their legal entitlement on the breakdown of the partnership is similar to that of a divorcing couple.
Consent Order: This is an actual court order but one which was entered into voluntarily by the parties as opposed to an order made by a Judge at the end of a final hearing. It starts with the words "By Consent, it is ordered that:-... " then followed by the agreement itself.
Contact: Formerly called ‘Access’ but means the time the children spend with the absent parent.
Counsel: This is a practising barrister.
Co-Respondent: This is a third party who is named in a divorce petition which is based on adultery. It is the legal term for the ‘other partner’ of the spouse who has committed adultery.
Decree Absolute: This is the final decree which legally dissolves the marriage. Upon receipt of this decree, the parties are free to remarry.
Decree Nisi: This is an interim decree and is not the final one. It gives the parties a six week and one day 'cooling off' period at the end of which the petitioner may apply for the decree absolute.
Defended divorce: This arises when the respondent does not agree to the divorce taking place.
Directions hearing: This is a hearing at court when a Judge gives directions as to how the matter will proceed. For example, directions that the property should be valued by an expert jointly instructed by the parties or for further disclosure to be provided before the ancillary relief matter can proceed.
Divorce: This is the process that ends the marriage only.
Divorce Petition: a legal document that starts the divorce process.
Exchange of contracts this occurs when the contracts are exchanged with your vendor/purchaser and which seals the agreement to buy/sell a property. A completion date is usually set at this stage being the date on which you actually move.
FDA meaning the First Directions Appointment in the financial remedy procedure. See below.
FDR means Financial Dispute Resolution where both parties attend court with their respective legal advisor, if instructed, to negotiate a financial settlement before a Judge. The Judge's role is to give guidance on any aspect of the negotiations that the parties are having difficulties on settling. The Judge does not make an order but if the parties agree which they usually do, a Consent Order is drafted and signed by them.
Financial Order: This is a court order that gives financial relief to one party such as an order to stop one party spending all the assets; for maintenance during the divorce process; for a lump sum to be paid; certain children financial remedies; a pension sharing order and others.
Financial Remedy is what you get when one applies to the court for a financial order for some form of financial support or provision.
Financial Order: this order is made within the divorce/civil proceedings such as maintenance pending the outcome of the divorce or proceedings; stopping one party from spending all the assets; sale or transfer of a property; pension sharing order or to vary an existing order or agreement.
Financial Statement: see Form E below.
Form A: This is your application to the court which activates the ancillary relief process. The Form A is also called a Notice of Intention to apply for ancillary relief. See also Financial Remedies above.
Form E: This is also referred to as your Financial Statement. It is at present a 20-page document setting out your assets, liabilities and income. It is a sworn document meaning that you must swear before an authorised officer that the contents are true.
Issue this word is usually used by lawyers to denote either (1) a dispute on a specific matter on which the parties do not agree or (2) that one party has sent an application to the court to start the proceedings e.g. "The Petitioner has just issued her application for a financial order" which means that the Petitioner has just sent to the court her Form A to start the financial remedy procedure.
Statement of Information for a Consent Order: a legal form setting out your current financial status that goes with the Consent Order to the court for approval.
Matrimonial order is a decree of divorce such as the decree absolute; nullity or judicial separation.
Mediation (also called alternative dispute resolution or ADR) is the process where both parties try and settle their differences in the presence of a mediator who maintains a neutral position throughout the sessions. The mediator assists the parties in the negotiations but does not advise.
Petition: a legal document that starts the process.
Petitioner: The person who issues the divorce petition.
Residence: This tells you where the children reside.
Respondent: The other spouse in the divorce petition.
Service: relates to papers that have been posted or personally delivered (or delivered by any other substituted manner) to a Respondent in an action.
Statement of Arrangements for Children: a legal document that gives information about the children of the marriage and other children of the relationship that goes with the Divorce Petition.