Understanding Divorce Jargon – A Glossary of Terms

If you are going through a divorce or separation, there may be terms you are not familiar with. Learn some of the more common family law jargon.

Alternative dispute resolution

This refers to methods of resolving disagreements that do not involve the courts. Most commonly, your solicitor can negotiate with your partner’s solicitor to try and reach an agreement over issues such as property, finances, and children. Where this is not successful, other forms of dispute resolution are generally used, such as mediation or collaborative law. These are usually quicker and more cost effective than litigation and can prevent a relationship from deteriorating further.

CAFCASS

The Children and Family Court Advisory and Support System or CAFCASS is a public body that advises courts on what is in the best interests of children. CAFCASS will work with families to understand the needs of children and the ability of family members to meet those needs before preparing reports for the court.

Child arrangements order

This is a legally binding order setting out details of who a child will live with, what time they will spend with their other parent and how they will stay in touch with their parents while they are apart. The arrangements can be made by agreement of the parties and approved by the court or, where the parties cannot agree, the court can be asked to decide on the terms of the order.

Clean break

A clean break refers to a financial order on divorce that ends the parties’ financial obligations to each other.

Consent order

When the parties are able to agree issues between themselves, for example in respect of children, property, or finances, the court can be asked to make a consent order in the terms agreed, meaning that the agreement will be legally binding.

Decree nisi / Decree absolute

A decree nisi is an interim order in the divorce process, giving notice of an impending divorce. The decree absolute is the final order, meaning a couple are divorced. These terms are due to be replaced with ‘conditional order’ and ‘final order’.

Final hearing

The final hearing in a divorce is the one when a final order will be made setting out what is to happen in respect of contested matters.

Financial dispute resolution hearing

A financial dispute resolution hearing is an interim hearing when a judge works with a couple to try and resolve financial disagreements. The judge will not make an order but can suggest what the outcome of a final hearing might be. If the matter proceeds to a final hearing, a different judge will hear the case.

Form E

Form E is a form on which all financial information should be listed where the parties in a divorce are seeking a financial order. Its aim is to disclose in full the financial circumstances of both parties, including property, income, savings and investments, pensions, and anticipated income and expenditure. You will also need to provide details of your family situation.

Mediation Information and Assessment Meeting (MIAM)

This is an initial meeting with a mediator at which the mediation process will be explained and you will have a chance to consider whether it will be helpful in your situation. If you are unable to resolve certain issues, it is generally compulsory to attend a MIAM before applying to the court for an order.

Parental responsibility

This refers to the rights, duties, powers, and responsibilities a parent has towards a child. It is automatically given to birth mothers as well as to married fathers and unmarried fathers who are named on the birth certificate.

Contact us

If you would like to speak to one of our expert divorce lawyers at Chadwick Lawrence, ring us on 0800 015 0340 or email us at info@chadwicklawrence.co.uk