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Divorce Terms Explained (UK)

Looking for US divorce terms? See our [US glossary].

Acknowledgement of service - Form returned by respondent confirming receipt of divorce application.

Affidavit - Written statement sworn under oath. Now largely replaced by witness statements in UK family courts.

Conditional order - First stage of divorce decree, confirming court agrees divorce should be granted. Previously called decree nisi.

Decree absolute - Historical term for final order. No longer used as of April 2022.

Decree nisi - Historical term for conditional order. No longer used as of April 2022.

Directions hearing - Court hearing to organise how case will proceed (evidence, timelines, next steps).

Divorce application - Initial legal document filed to start divorce proceedings. Replaced “divorce petition” in April 2022.

Ex parte - Court action taken by one party without notifying the other, usually only in emergencies. Often referred to as “without notice application” in modern UK practice.

Final order - Legal document that officially ends the marriage. Previously called decree absolute.

Form A - Application for financial order, filed to start financial proceedings.

Injunction - Court order prohibiting specific actions. Includes non-molestation orders and occupation orders.

Interim order - Temporary court order in effect during divorce proceedings.

Statement of arrangements for children - Document outlining child care arrangements, no longer required as of April 2022.

Without notice application - Application made to court without informing the other party. Modern term for ex parte application.

Types of Divorce

Civil partnership dissolution - Legal process to end a civil partnership.

Contested divorce - Divorce where one party disputes the application or financial/custody arrangements.

Judicial separation - Court-recognized living apart while still married, addresses finances and children without ending the marriage.

No-fault divorce - Divorce granted without proving wrongdoing, citing irretrievable breakdown. Standard in UK since April 2022.

Uncontested divorce - Divorce where both parties agree to proceed and financial/custody arrangements are settled.

Grounds & Reasons

Adultery - Sexual relationship outside the marriage. No longer grounds for divorce as of April 2022.

Desertion - Abandonment of marriage. No longer grounds for divorce as of April 2022.

Irretrievable breakdown - Sole ground for divorce in England & Wales since April 2022.

Unreasonable behaviour - Historical grounds for divorce. No longer used as of April 2022.

Financial Support & Orders

Clean break order - Court order ending all financial ties between spouses, preventing future claims.

Financial order - Court order setting out division of money, property, and pensions.

Lump sum order - One-time payment from one spouse to the other as part of financial settlement.

Maintenance - Regular financial support paid by one spouse to the other. Also called spousal maintenance.

Maintenance pending suit - Temporary financial support during divorce proceedings.

Mesher order - Court order delaying sale of family home until a specified event (usually children reaching 18).

Nominal maintenance - Minimal spousal maintenance (e.g., £1 per year) keeping option open for future claims.

Periodical payments - Regular ongoing spousal maintenance payments.

Spousal maintenance - Financial support paid by one spouse to the other after divorce.

Property & Assets

Ancillary relief - Historical term for financial orders. Now called financial remedy.

Equity - Value of property after deducting mortgage.

Financial remedy - Court process for dividing money, property, and pensions.

Form E - Detailed financial statement disclosing all assets, income, and liabilities.

Matrimonial assets - Property and assets acquired during marriage, subject to division.

Non-matrimonial assets - Assets owned before marriage or received as gift/inheritance, may be excluded from division.

Pension attachment order - Court order directing pension trustees to pay portion of pension to former spouse when it becomes payable.

Pension sharing order - Court order splitting pension benefits at time of divorce.

Transfer of equity - Transfer of ownership share in property between spouses.

Children & Custody

Child arrangements order - Court order determining where child lives and time spent with each parent. Replaced residence and contact orders.

Contact - Time a child spends with the non-resident parent. Now part of child arrangements order.

Lives with order - Modern wording within child arrangements describing where child primarily resides.

Parental responsibility - Legal rights and duties regarding a child’s upbringing, education, and welfare.

Prohibited steps order - Court order preventing a parent from taking specific actions regarding the child.

Residence - Historical term for where child lives. Now part of child arrangements order.

Section 7 report - Report prepared by Cafcass officer to help court decide child arrangements.

Shared care - Child spending substantial time living with both parents.

Specific issue order - Court order resolving specific question about child’s upbringing (school, medical treatment, etc.).

Spends time with order - Modern wording within child arrangements describing parenting time with non-resident parent.

Child Support

Child maintenance - Financial support paid by non-resident parent for child’s living expenses.

CMS (Child Maintenance Service) - Government service that calculates and collects child maintenance.

CSA (Child Support Agency) - Historical agency replaced by CMS in 2012.

Family-based arrangement - Private child maintenance agreement between parents without CMS involvement.

People & Roles

Applicant - Person who files for divorce. Replaced “petitioner” in April 2022.

Cafcass (Children and Family Court Advisory and Support Service) - Organization that represents children’s interests in family court.

Petitioner - Historical term for person filing for divorce. Now called applicant.

Respondent - Person who receives the divorce application.

Solicitor - Lawyer who provides legal advice and representation.

Dispute Resolution

Arbitration - Private process where arbitrator makes binding decision on financial or child matters.

FDR (Financial Dispute Resolution) - Court hearing where judge gives non-binding view to encourage settlement.

Mediation - Process where neutral mediator helps spouses negotiate agreement.

MIAM (Mediation Information and Assessment Meeting) - Mandatory meeting to explore mediation before certain court applications. Required in most cases except where exemptions apply (domestic abuse, emergencies).

Private FDR - Privately arranged Financial Dispute Resolution hearing, alternative to court-based FDR.

Court Orders & Protection

Non-molestation order - Court order protecting person from abuse, harassment, or threats.

Occupation order - Court order determining who can live in family home and excluding abusive party if needed.

Undertaking - Formal promise to court to do or not do something, enforceable as court order.

Binding financial agreement - Term used in some jurisdictions (US, Australia) for legally enforceable financial agreements. In UK, courts retain discretion over financial settlements even where agreements exist.

Cohabitation agreement - Contract between unmarried couples outlining financial arrangements.

Consent order - Agreement approved by court making it legally enforceable.

Draft consent order - Version of consent order submitted to court for approval.

Heads of agreement - Informal summary of intended settlement before formal legal documentation.

Post-nuptial agreement - Agreement made during marriage outlining financial arrangements if divorce occurs. Not automatically binding but increasingly influential.

Pre-nuptial agreement - Agreement made before marriage outlining financial arrangements if divorce occurs. Not automatically binding but increasingly influential.

Separation agreement - Written agreement between spouses outlining terms of separation, not automatically binding without court order.

Separation deed - Formal separation agreement, often used before divorce proceedings.

Time Periods & Processes

Cooling-off period - Minimum 20-week reflection period between application and conditional order.

Reflection period - 20-week period between divorce application and conditional order, introduced April 2022.

Six-week period - Minimum time between conditional order and final order.

Domicile - Legal residence determining which country’s divorce laws apply.

Financial remedy hearing - Final court hearing where judge decides financial settlement if agreement not reached.

Habitual residence - Legal test determining jurisdiction for divorce proceedings.

Jurisdiction - Legal authority of court to hear case, based on domicile or habitual residence.

Legal aid - Government funding for legal costs in family law cases, primarily available in cases involving domestic abuse or child protection.

McKenzie friend - Non-lawyer who assists litigant in person during court proceedings.

Nuptial settlement - Legal term for financial arrangements made for benefit of marriage.

Queen’s Counsel (QC) / King’s Counsel (KC) - Senior barrister, typically involved in complex or high-value cases.

Statement of information - Document filed with consent order summarising parties’ financial positions so court can assess fairness.