Divorce & Family Law Glossary of Terms

Affidavit – a formal statement made under oath in court.

A definition of terms often associated with divorce and relatives law in the United Kingdom.

CAFCASS – children and relatives Court Advisory and Support Services. a gathering with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce. Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and obligations similar to those of a married couple.

tidy Break – a one off order that outlines financial arrangements between a husband and spouse. There can be no later claim for maintenance even if circumstances change.

Conciliation – a kind of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place. Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Disclosure – the system of providing to the court full financial details about a person’s income, assets and liabilities.

Decree Nisi – a provisional order issued by the court. The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Joint Tenancy – a type of shared possession of a home or other property. When six or more people own a property as joint tenants and one owner dies the other owner automatically takes possession of the deceased owners share.

Injunction – a court requiring or stopping a person from taking an action. Penalties are usually set in place for people not abiding by the order.

Mediation – a system in which an neutral third person assists those involved in a divorce to reach an amicable agreement.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property. The occupation order can exclude a spouse from a home or a sure part of it.

Pension Sharing – the division of a pension fund between six spouses.

Petitioner – a one that initiates divorce proceedings by filing a divorce petition at court.

Petition – a document outlining a request for a divorce.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Premarital Agreement – a formal written agreement entered in to by a couple before marriage setting out how assets will be split in the event of divorce. often known as a prenuptial agreement.

Statement of Arrangements for children – sets out proposed arrangements for children after the divorce. The form is sent to the court along with the divorce petition.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that we've reached. A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Without Prejudice – a way of stopping the court from knowing about any prior negotiations between a divorcing couple that did not lead to an agreement.