Family law and divorce: Key terms and what they really mean
Going through a divorce or relationship breakup is stressful and emotional. The last thing you need is a host of family law legal jargon and terminology being thrown at you from both sides.
GA Solicitors’ family lawyers and divorce solicitors in Plymouth excel at bridging this language gap, translating legal jargon into plain English so everyone involved understands the case clearly and can make informed decisions throughout the process.
However, certain family law legal terms are unavoidable. Below, we’ve defined the most commonly used terminology you’re likely to encounter on a private law family case.
Please note: Not all terms will be relevant to your case. Your family lawyer or divorce solicitor will explain those relevant to you.
Acknowledgement of service
An “acknowledgement of service” is a formal document a defendant sends to the court to confirm they have received and been served with a claim form.
Clean break Order
A court order that permanently ends all future financial claims in life and after death between divorcing spouses. It only becomes legally binding when there is a final order of divorce and has been approved by a Judge. The order should be drafted by an experienced divorce solicitor. The Judges will only approve the order if they consider the terms of settlement are fair and reasonable to both parties.
Consent Order
A court order that the judge approves after the parties have reached a deal. It can often include provision for a clean break.
Cohabiting/cohabitation
An arrangement in which an unmarried couple live together in a committed personal relationship.
Collaborative law
A problem-solving approach to family law matters like divorce, finances and child arrangements, where couples and their divorce solicitors commit to negotiating a settlement without court proceedings.
Conditional order
Previously known as the Decree Nisi, this is a provisional court order in divorce proceedings confirming that the court approves the application for divorce and confirms all the legal requirements for a divorce have been met. It does not end the marriage. A mandatory waiting period of six weeks and one day must pass before the divorce can be finalised.
Contact
This term was previously known as “access.” The correct current term is “spends time with”. The contact arrangements are incorporated into a child arrangements order, which sets out when and how a child spends time with each parent.
Live With Order
In court proceedings relating to children the court can order with whom a child shall live with. This term replaces the old term “custody”.
Directions order
A court order directing how the case will proceed (e.g. what evidence needs to be filed and what the timetable to reach trial is going to be).
Duxbury calculation
Duxbury calculations are made to assist the decision as to whether or not a clean break is possible in family law and divorce proceedings.
FDR – Financial Dispute Resolution hearing
A second court hearing in divorce, where a judge helps separating couples negotiate and settle financial disagreements, acting as a settlement conference to avoid costly, further trials.
Final order
Previously known as a Decree Absolute. After the Conditional Order waiting period, either party can apply for a Final Order. Once granted, this legally dissolves the marriage, and both parties are officially divorced.
Financial Remedy
These were previously called Ancillary relief. The term encompasses all the types of financial order that the court can make in court proceedings between a divorcing couple.
Injunction
An order of the court preventing or requiring action, usually made in an emergency.
Judicial separation
A formal separation sanctioned by the court, which enables the court to make orders about money and property but does not actually terminate the marriage.
Maintenance pending suit
Temporary financial support is ordered during family law court proceedings before a final settlement is reached. Also known as “interim maintenance,” it provides financial assistance while the case is ongoing.
Maintenance payments (not pending suit)
A final, and long-term spousal maintenance (also known as periodical payments) that is ordered as part of the overall final financial settlement. Can be for life or for a fixed term.
McKenzie friend
An individual who assists a litigant in person in the courtroom. A McKenzie friend does not need to be legally trained, but a specific application must be made to the court in order for them to assist.
Non-molestation order
A court order prohibiting someone from using violence, threats, harassment, or intimidation against another person (and potentially their children). Breaching it is a criminal offence punishable by fine or imprisonment.
No-fault divorce
Under no-fault divorce provisions, applicants simply state that the marriage has irretrievably broken down without proving fault. Couples can now apply jointly and decide for themselves whether their marriage is over
Occupation order
A court order regulating who can live in the family home, potentially excluding someone from all or part of it for a set period. A breach can lead to arrest if a power of arrest is attached.
Parental responsibility
The legal rights and obligations to make day-to-day decisions regarding a child’s welfare and best interests. This includes decisions about education, healthcare, religion, and where the child lives.
Leave to remove from the jurisdiction
An application to the family law court for permission of the court to remove a child permanently from England and Wales. This is not needed is the parents agree.
Prohibited steps order
An order is used to prohibit something from being done to a child, for example, changing a child’s surname or taking the child out of England and Wales.
Specific issue order
In family law, this is an order determining a specific issue relating to a child, for example, which school a child is to attend.
Section 8 order
An order under section 8 of the Children Act 1989: namely, a child arrangements order, a prohibited steps order and a specific issue order.
Term order
Maintenance/periodical payments for a specified period of time. The term (or length) of the order can either be capable of being extended to cater for something unexpected happening, or the court can order that the term cannot be extended.
Undertaking
A formal promise to the court or other party that has the same legal effect as a court order. Breaking it is contempt of court and can result in penalties, including (in extreme cases) imprisonment.
Without notice
An emergency court hearing with only the applicant present. If an order is made, a follow-up hearing is scheduled quickly so the respondent can respond. Commonly used for urgent injunctions.
Without prejudice
Correspondence or documents that cannot be shown to the family law court (except at FDR hearings) to encourage settlement negotiations without fear of having concessions subsequently used against them.
How can GA Solicitors help?
At GA Solicitors, our friendly family law lawyers and divorce solicitors in Plymouth have years of experience advising families through complex situations and work closely with you to achieve the best possible outcome during what can be a challenging time.
Ranked in Chambers UK and The Legal 500, you can be assured you are in the best possible hands.
Speak with our family law team today by calling 01752 203500 or emailing enquiries@GAsolicitors.com.
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