Family Law glossary & key terms

To help make things clearer, we have created this plain English glossary of family law terms. It includes both current terminology used by the courts today and older terms that you may still come across, so you can feel confident and informed at every stage of your matter.

If you are unsure about any of the terms below, or would like tailored advice about your own situation, our experienced family law team would be very happy to assist you. Please do not hesitate to get in touch for clear, practical guidance.
 

A

Acknowledgment of Service
A court form confirming that the Respondent has received the divorce application and indicating whether they intend to respond or dispute it.

Adjournment
When a court hearing is postponed to a later date, either to allow more time to gather information or because the court timetable requires it.

Affidavit
A written statement confirmed on oath or affirmation, used as evidence in court proceedings.

Affirmation
A non-religious alternative to swearing an oath, confirming that a statement is true.

Alternative Dispute Resolution (ADR)
Ways to resolve disputes without going to court, such as mediation, arbitration, or solicitor-led negotiations. ADR is often encouraged to save time, costs, and stress.

Amicable Divorce
A divorce where both parties aim to resolve matters cooperatively, with minimal conflict and a focus on practical solutions.

Annulment (Nullity)
A legal declaration that a marriage is invalid and treated as though it never legally existed.

Applicant
The person who makes an application to the court. In divorce proceedings, this can be a sole applicant or a joint application with both parties (Applicant 1 and Applicant 2).

Assets
Anything of value owned by a person, including property, savings, pensions, investments, or valuable possessions.

B

Barrister
A specialist lawyer who is usually instructed to provide expert legal advice or represent clients in court hearings.

Beneficiary
A person entitled to benefit from a trust, will, or financial arrangement.

Barder Event
An unexpected and significant event occurring after a financial order which may justify asking the court to revisit that order.

C

CAFCASS (Children and Family Court Advisory and Support Service)
An independent organisation that advises the court on arrangements for children, always focusing on what is in the child’s best interests.

Child 
A person under the age of eighteen

Child Arrangements Order (CAO)
A court order setting out where a child lives and how much time they spend with each parent. (This replaced older terms such as “Residence Order” and “Contact Order”)

Child Maintenance
Financial support paid by one parent to another to contribute towards the child’s upbringing.

Child Maintenance Service (CMS)
A government body that calculates and manages child maintenance payments.

Child-Inclusive Mediation
A voluntary process where a specially trained mediator meets with a child (usually older children) to understand their wishes and feelings, which can then be fed back to the parents to assist in reaching arrangements.

Civil Partnership
A legally recognised relationship similar to marriage, available to both same-sex and opposite-sex couples, giving similar legal rights and responsibilities.

Clean Break Order
An order which ends all financial claims between spouses, meaning neither party can make future financial claims against the other. Can be immediate or deferred depending on the circumstances of the case.

Cohabitation Agreement
A legal agreement between unmarried couples setting out how finances, property, and assets will be dealt with if the relationship ends.

Collaborative Law
A voluntary process where both parties and their specially trained solicitors meet together to resolve issues arising from separation without going to court, focusing on open and constructive discussions.

Common Law Marriage
A commonly used term, but it has no legal meaning in England and Wales. Unmarried couples do not have the same legal rights as married couples.

Conditional Order
The first stage of divorce confirming the court sees no reason why the divorce cannot proceed. Previously known as “Decree Nisi”.

Consent Order
A legally binding agreement approved by the court, often dealing with financial arrangements following divorce

D

D11
A general application form used in family court proceedings to ask the court to make a specific order or give directions within an existing case.

D81 Statement of Information
A form filed with the court when applying for a Consent Order in financial proceedings, providing a summary of both parties’ financial circumstances so the court can assess whether the agreement is fair.

Decree Nisi
The former term for the Conditional Order, being the stage in divorce proceedings where the court confirms there is no reason why the divorce cannot proceed.

Decree Absolute
The former term for the Final Order, being the stage at which the marriage is legally ended.

Disclosure (Financial Disclosure)
The process of both parties providing full and honest details of their financial circumstances, including income, assets, debts, and expenses.

Dissolution
The legal process of ending a civil partnership.

Divorce
The legal process of ending a marriage. It is separate from resolving financial matters or arrangements for children.

Divorce Application
The document used to start divorce proceedings. It includes key details such as the parties’ names, addresses, and date of marriage, confirms the marriage has broken down, and asks the court to legally end it. It may also include financial claims.

Domicile
A legal concept used to determine which country’s courts can deal with a divorce. It is based on where a person considers their permanent home to be, which may differ from where they currently live. Domicile can be complex and is particularly relevant in international cases.

DRA (Dispute Resolution Appointment)
A hearing in children proceedings which takes place after the FHDRA, where the court reviews the issues in dispute and considers whether agreement can be reached or whether further directions are required.

E

Enforcement
Steps taken to ensure that a court order is followed, for example if one party fails to pay maintenance or comply with an order.

ES1 and ES2
Summary documents used in financial proceedings. ES1 provides an overview of the case and issues, and ES2 sets out a summary of each party’s financial position in a clear and accessible format for the court.

Ex Parte / Without Notice Hearing
A hearing held without the other party being present, usually in urgent situations such as where there is a risk of harm or assets being dissipated.

Expert Witness
An independent professional (such as a surveyor, accountant, or medical expert) who provides specialist evidence to assist the court.

F

Fact Finding Hearing
A hearing where the court determines disputed allegations of fact, often in children proceedings where there are allegations of domestic abuse or harm.

Family Court
The court that deals with family law matters in England and Wales, including divorce, finances, and children cases.

Family Procedure Rules (FPR)
The rules that govern how family court proceedings are conducted.

FHDRA (First Hearing Dispute Resolution Appointment)
The first court hearing in children proceedings, where the court considers safeguarding information and encourages the parties to reach agreement where possible.

Final Hearing
The last court hearing where a judge hears evidence and makes a final decision.

Final Order
The final stage of divorce which legally ends the marriage. Previously known as “Decree Absolute”.

Financial Dispute Resolution (FDR)
A court hearing designed to help parties reach agreement on financial matters, with guidance from a judge.

Financial Settlement
An agreement or court order setting out how finances are divided following separation.

First Appointment (FDA)
The first court hearing in financial proceedings, mainly used to organise the case and identify what further information is needed.

Former Matrimonial Home
The property in which the couple lived together during the marriage. This is often one of the most important assets considered during financial proceedings.

Form A
The application used to start financial proceedings in court.

Form C
A court form used to make an application in relation to children, for example for a Child Arrangements Order, Specific Issue Order, or Prohibited Steps Order.

Form E
A detailed document where each party sets out their financial position, including income, assets, liabilities, and needs.

Form G
A form filed before an FDR hearing confirming whether the parties are ready to proceed and whether they believe the case is likely to settle at that hearing.

Form H
A document used in court proceedings to provide an estimate of legal costs incurred and anticipated.

H

Habitual Residence
The country where a person normally lives on a day-to-day basis. This is often relevant in determining which court has jurisdiction.

Interim Order

Interim Order
A temporary court order made while proceedings are ongoing, before a final decision is reached.

J

Joint Tenancy
A way of owning property jointly where each owner owns the whole property equally, and if one dies, their share automatically passes to the other co-owner (see Tenancy in Common)

Judicial Separation
A legal process which allows a married couple to formally separate without ending the marriage, often used for religious or financial reasons.

Jurisdiction
The authority of a court to deal with a case, often determined by factors such as residence or domicile.

L

Legal Services Payment Order
An order requiring one party to contribute towards the other party’s legal fees, usually where there is a significant imbalance in financial resources.

Letter of Claim / Letter Before Action
A formal letter sent before court proceedings are issued, setting out the basis of a claim and inviting the other party to resolve the matter.

Liabilities
Debts owed by a person, such as mortgages, loans, or credit card balances.

Litigant in Person
Someone who represents themselves in court without legal representation.

Lump Sum Order
A court order requiring one party to pay a fixed amount of money, either in one payment or in instalments.

M

Maintenance Pending Suit (MPS)
Temporary financial support paid by one party to the other while court proceedings are ongoing.

Marriage
A legally recognised union between two people which creates legal rights and responsibilities, particularly in relation to finances, property, and inheritance.

Matrimonial Assets
Assets built up during the marriage, which are usually considered for division upon divorce.

Matrimonial Home
The main home shared by the couple during the marriage.

Mediation
A voluntary and confidential process where an independent mediator helps separating couples discuss and resolve issues relating to finances or children. The mediator does not take sides or make decisions but helps facilitate constructive discussions and agreement.

MIAM (Mediation Information and Assessment Meeting)
An initial meeting with a trained mediator to assess whether mediation is suitable. In most cases, attending a MIAM is required before making an application to the court, unless an exemption applies (for example, in cases involving domestic abuse or urgency).

N

No-Fault Divorce
A divorce process introduced in 2022 where neither party needs to blame the other for the breakdown of the marriage.

Non-Matrimonial Assets
Assets acquired outside the marriage, such as inheritance or gifts, which may be treated differently by the court.

Non-Molestation Order
A court order protecting a person from harassment, threats, or abuse. Breaching this order is a criminal offence.

O

Occupation Order
An order deciding who can live in the family home, regardless of ownership.

Order for Sale
A court order requiring a property to be sold, often as part of financial proceedings.

P

Parental Responsibility
The legal rights and responsibilities a parent has for a child, including decisions about education, health, and welfare.

Parenting Plan
A written agreement between parents setting out arrangements for their children, often used as an alternative to court proceedings.

Pension Sharing Order
An order dividing pension assets between spouses as part of a financial settlement.

Periodical Payments
Ongoing maintenance payments, either for a spouse or for children.

Position Statement
A concise document prepared before a court hearing which sets out a party’s position, the issues in dispute, and the outcome they are seeking.

Post-Nuptial Agreement (Postnup)
An agreement made after marriage or civil partnership setting out how assets, income, and finances would be divided if the relationship ends.

Prenuptial Agreement (Prenup)
An agreement made before marriage setting out how assets would be divided if the relationship ends.

Private FDR
A form of dispute resolution where the parties appoint a private judge (often a senior barrister or retired judge) to assist them in reaching a financial settlement outside of the court process.

Prohibited Steps Order
An order preventing a parent from taking certain actions, such as removing a child from the country.

Property Adjustment Order
An order transferring ownership of property between parties following separation.

R

Recitals
The introductory paragraphs in a court order which set out background information, context, and any agreements reached between the parties.

Respondent
The person responding to a court application.

S

Schedule of Outgoings
A detailed list of a person’s income and expenditure, often used in financial proceedings to assess needs and affordability.

Scott Schedule
A document presented in table format which sets out allegations and responses side by side, helping the court identify what issues are agreed and what remain in dispute.

Section 25 Factors
The factors the court must consider when deciding financial settlements, including needs, income, and contributions.

Separation Agreement
A written agreement setting out financial and practical arrangements after separation.

Shared Care
An arrangement where a child spends significant (but not necessary equal) time with both parents.

Skeleton Argument
A written summary of a party’s legal arguments prepared for a court hearing, setting out the key issues and the legal basis of their case.

Shuttle Mediation
A form of mediation where the parties remain in separate rooms (or virtual spaces), and the mediator moves between them to facilitate discussions.

Specific Issue Order
A court order deciding a specific issue relating to a child, such as schooling or medical treatment.

Spousal Maintenance
Financial support paid by one spouse to the other after separation or divorce.

Statement of Truth
A formal declaration confirming that the information provided in a document is true to the best of the person’s knowledge and belief. Signing a statement of truth is important, as providing false information can have serious legal consequences, including being in contempt of court.

T

Tenancy in Common
A way of owning property jointly where each owner owns a defined share, and if one dies, their share passes according to their Will and not automatically to the other co-owner (see Joint Tenancy).

TOLATA
The Trusts of Land and Appointment of Trustees Act 1996, which governs disputes between unmarried couples relating to property ownership and interests.

Top-Up Maintenance
Additional child maintenance ordered where a parent’s income exceeds the limit used by the Child Maintenance Service.

Trust
A legal arrangement where assets are held by one person (the trustee) for the benefit of another (the beneficiary).

U

Undertaking
A legally binding promise made to the court. If breached, it can lead to serious consequences, including fines or imprisonment.

V

Variation
A change to an existing court order, usually due to a change in circumstances.

W

Welfare Checklist
A list of factors the court considers when deciding what arrangements are in a child’s best interests.

Welfare Principle
The principle that a child’s best interests are the court’s primary concern.

Wishes and Feelings Report
A report (often prepared by CAFCASS) which sets out a child’s views, depending on their age and understanding, to assist the court in making decisions.

Without Prejudice
Negotiations made on a confidential basis that cannot usually be shown to the court, encouraging open settlement discussions.

Z

Zonal Exclusion
A provision within a court order which prevents a person from entering a specified geographical area, often used in cases involving safeguarding concerns.