A
Access
An older term, now replaced by contact. It refers to the time a child spends with the parent they don’t live with. The law encourages meaningful relationships with both parents, tailored to the child’s needs — not rigid access schedules.
Amicable Divorce/Separation
A divorce or separation process where both parties work together cooperatively to reach agreements without hostility or lengthy court battles.
Alternative Dispute Resolution (ADR)
Methods of resolving disputes outside of court, including mediation, collaborative law, arbitration, and the One Couple One Solicitor approach. ADR encourages constructive dialogue, reduces conflict, and often leads to quicker, more cost-effective outcomes.
Applicant
The person who starts the divorce process by submitting the divorce application to the court. This can be done individually (a sole application) or jointly with the other spouse (a joint application).
Arbitration
A private process where a trained arbitrator makes a binding decision — like a judge, but outside the court system. It’s often used for financial disputes and can be quicker than waiting for a hearing.
B
Being Taken to Court
This phrase can feel threatening, but it simply means one person is asking the court to help resolve a dispute. Many cases settle before reaching a final hearing, and solicitors will always try to resolve matters through negotiation or mediation first
BIFF Communication
Brief, Informative, Friendly, and Firm communication style recommended for separated couples, especially when children are involved.
C
Case Summary (Finance)
A case summary is a short document prepared before a financial hearing, usually at the First Appointment or Financial Dispute Resolution (FDR). It gives the judge a clear overview of the case, including background details about the relationship and separation, key financial information such as income, assets, and debts, and what each person is asking the court to decide. It may also include a timeline of important events (known as a chronology), a list of the main issues still in dispute (called a statement of issues), and a schedule showing each party’s financial position. The case summary helps the judge focus on what matters most and supports a fair and efficient hearing. It’s not a place for arguments or emotional detail — it’s a practical summary to guide the court.
Child Arrangements Order
A court order that sets out with whom a child will live and when they will spend time with each parent (formerly known as residence and contact orders).
Child Maintenance
Financial support paid by the parent who does not have day-to-day care of the children to the parent who does. It is usually calculated and managed by the Child Maintenance Service (CMS) based on the paying parent’s gross income. The court can only become involved if the paying parent earns above a certain threshold and a top-up is required. Child maintenance is separate from spousal maintenance and is intended to support the child’s everyday needs.
Clean Break Order
A financial order that severs all future financial ties between former spouses. It confirms that financial claims have been finalised and that no ongoing spousal maintenance payments will be made.
Collaborative Law
A process where both parties instruct their own solicitors and commit to resolving disputes without going to court. Agreements are reached through a series of round table meetings involving both parties and their lawyers. All participants sign a participation agreement confirming their intention to resolve matters outside of litigation. If the process breaks down and court proceedings become necessary, both solicitors must step aside and cannot represent their clients in court.
Common Law Marriage
There’s no such legal status in England and Wales. Living together — even for many years — doesn’t give the same rights as being married. Unmarried couples don’t automatically have claims over each other’s property, pensions, or income, so legal advice is essential.
Conditional Order
The first formal stage of the divorce process under the current law. It confirms that the court is satisfied the marriage has irretrievably broken down. Once granted, there is a mandatory waiting period of six weeks and one day before either party can apply for the Final Order. This replaces the old term Decree Nisi and is not to be confused with the Consent Order below.
Consent Order
A legally binding agreement approved by the court that sets out the financial arrangements agreed between divorcing couples. It reflects the terms the couple have reached outside of the court process, but must still be ratified by the court to become legally enforceable. Not to be confused with the Conditional Order above , which is the first step of the divorce itself.
Co-parenting
The practice of divorced or separated parents working together to raise their children, prioritising the children’s wellbeing.
Custody
This is an outdated legal term. The law now talks about child arrangements — specifically, where the child lives and how they spend time with each parent. The focus is on the child’s welfare, not on one parent “having custody” or control.
D
Decree Absolute
The final legal document that officially ends a marriage, making both parties free to remarry. This is the former term under the old divorce system; it is now called the Final Order.
Decree Nisi
The first stage of the divorce process under the previous system, confirming the court is satisfied the marriage has broken down irretrievably. After this, there was a mandatory waiting period of six weeks and one day before applying for the Decree Absolute. Under the current system, this is now called the Conditional Order.
Disclosure
The legal requirement for both parties to provide full and honest information about their finances — including income, property, savings, debts, and pensions. Disclosure is the foundation of any discussions about settlement. Any advice given depends on full and frank disclosure from both parties. Without it, fair and informed decisions cannot be made.
Dissolution
The legal process of ending a civil partnership, similar to divorce for married couples.
Divorce: The legal ending of a marriage.
E
Early Neutral Evaluation
An independent expert gives a non-binding opinion on what a court might decide. It helps parties understand the likely outcome and encourages settlement.
Entitled to Half
It’s a common assumption, but the law doesn’t guarantee a 50/50 split. The court looks at fairness, needs, and contributions — especially where children are involved. Each case is different, and outcomes depend on the full financial picture.
F
Final Order
The legal document that officially ends the marriage, allowing both parties to remarry if they wish. It is the final step in the divorce process and replaces the old term Decree Absolute. It can only be applied for after the Conditional Order has been granted and the waiting period has passed.
Final Hearing
This is the last stage of the court process, used when no agreement has been reached. In financial cases, each party presents their evidence and arguments, and the judge makes a binding decision about how assets, income, and pensions will be divided. In children matters, the judge hears from both parents (and sometimes Cafcass or other professionals) and decides what arrangements are in the child’s best interests — such as where the child will live and how much time they’ll spend with each parent. Final hearings can be emotionally demanding and costly, so solicitors will always aim to resolve matters earlier if possible.
Financial Dispute Resolution (FDR)
Formally the second hearing in court proceedings relating to financial settlement. By this stage, all necessary information — including full disclosure and any expert reports — should have been obtained. The judge gives an indication of what they would likely order at a final hearing and encourages the parties to settle to avoid further legal costs. If the matter proceeds to a final hearing, a different judge will be assigned.
First Appointment (FDA)
This is the first court hearing in a financial case. It’s mainly procedural — the judge checks what financial information has been provided and decides what further documents or valuations are needed to prepare the case. A solicitor should aim to avoid attending this hearing by agreeing draft directions with the other side in advance, which helps keep costs down. However, this depends on cooperation from both parties and their legal representatives. If directions can be agreed, the court may approve them without a hearing.
Form E
A detailed financial statement used by the court in financial proceedings. It is also widely used in other forms of ADR, including mediation and the One Couple One Solicitor process, as it provides a comprehensive overview requiring full disclosure of assets, income, liabilities, and expenses.
G
Ground for Divorce
The law no longer requires blame or specific reasons such as adultery or unreasonable behaviour. One or both parties simply confirm that the marriage has irretrievably broken down — this is the sole ground for divorce.
I
Indirect Contact
Ways for a parent to stay in touch with their child without seeing them in person — like sending letters, texts, video calls, or gifts. Often used when direct contact isn’t possible or appropriate.
Interim Order
A temporary court order made before the final decision — often used to set short-term arrangements for finances or children
Irreconcilable Differences
This is now the only ground for divorce. It simply means the relationship has broken down and cannot be repaired.
J
Joint Application
A divorce application made by both spouses together, demonstrating their mutual agreement to divorce.
Judicial Separation
A legal process that allows couples to live apart without divorcing. It may be chosen for religious, cultural, or personal reasons. The court can still make orders about finances and children, but the marriage remains legally intact. It does not end the marriage or allow either party to remarry.
L
Legal Aid
Government funding available for legal representation in certain family law cases, subject to strict financial and merits criteria. A firm must hold a legal aid contract to undertake this work. One Family Law does not hold a legal aid contract and does not offer legal aid services.
Litigant in Person
Someone who goes to court without a solicitor or barrister and represents themselves.
Lump Sum Order
A financial order requiring one party to pay a specified amount to the other as part of the financial settlement.
M
Maintenance
There are two types of maintenance:
Matrimonial Assets
Property and assets acquired during the marriage that may be subject to division upon divorce.
Matrimonial Home
The property where the married couple lived together, which may need to be sold or transferred as part of the financial settlement.
Mediation
A voluntary process where a neutral third party helps separating couples reach agreements about children, finances, and property. Mediators are there to support compromise and agreement, but they cannot provide legal advice to either party.
Mesher Order
A court order that allows one party (usually the parent with primary care of children) to remain in the family home until a specified event occurs.
MIAM (Mediation Information and Assessment Meeting)
This is the initial meeting with a trained mediator to explore whether mediation could help you resolve issues without going to court. In court terms, it’s often referred to through the MIAM form, which must usually be completed before making any application about children or finances. This reflects the court’s shift in recent years toward encouraging couples to reach agreement without litigation wherever possible.
N
Nesting
A child-focused arrangement used when parents initially separate. Instead of the children moving between two homes, the children stay in the family home and the parents take turns living there according to an agreed schedule. This can provide stability for the children during a transitional period. Nesting is usually temporary and requires clear boundaries and communication between parents.
No-Fault Divorce
A divorce system where neither party needs to prove wrongdoing. The only requirement is that one or both parties confirm the marriage has irretrievably broken down — this is now the sole ground for divorce.
Non-Molestation Order
A court order protecting one party from harassment, intimidation, or violence from the other.
O
Occupation Order
A court order that decides who can live in the family home — for example, to keep someone safe in cases involving domestic abuse.
One Couple One Solicitor
The most recent form of Alternative Dispute Resolution (ADR), sometimes referred to as Resolution Together. In this approach, a couple jointly seeks advice from one solicitor who acts for them both on a neutral basis. The solicitor manages the entire process — including gathering financial disclosure, facilitating discussions around settlement, drafting the agreement, and submitting the necessary documents to court. The solicitor can explain the legal position and help the couple understand their options, but cannot give individual advice to either party about how to gain advantage over the other. The couple must agree to resolve matters without conflict and with mutual respect.
One Family Law specialises in this approach, offering a streamlined, cooperative process from beginning to end using just one solicitor.
P
Parental Responsibility
The legal rights and duties a parent has in relation to their child. This includes making decisions about education, healthcare, religion, and day-to-day welfare. Birth mothers automatically have parental responsibility. Fathers usually acquire it if they were married to the mother at the time of birth or are named on the birth certificate (after a certain date). Parental responsibility can also be granted by agreement or court order. It enables a parent to be involved in key decisions affecting the child’s upbringing and welfare.
Parallel Parenting
An arrangement where separated parents do not communicate directly or co-parent collaboratively, but instead manage their parenting responsibilities separately. This approach is often used where there is high conflict or communication is difficult. Each parent makes day-to-day decisions during their own parenting time, with minimal interaction, to reduce stress and protect the children from ongoing disputes.
Parenting Plan
A written agreement between separated parents outlining arrangements for their children’s care, including living arrangements and contact schedules.
Pension Sharing Order
A court order that transfers a percentage of one party’s pension rights to the other as part of the financial settlement.
Position Statement (Children)
A document prepared before a hearing in respect of children matters that sets out each party’s views and proposals. It helps the judge understand what’s being asked and outlines a party’s position ahead of a hearing — including what they’re asking the court to do, any relevant background, and their response to the other party’s proposals. In children cases it’s often the main document the judge relies on to understand each party’s stance.
Pre-Marital Assets
Property or assets owned by either party before marriage, which may be treated differently in financial settlements.
Prenup/Postnup
These are agreements made before or after marriage about how finances will be handled if the relationship ends. They’re not automatically binding, but if properly prepared and fair, the court will often take them seriously. They can provide clarity and reduce conflict.
Private FDR (Financial Dispute Resolution)
A Private FDR is a voluntary, out-of-court alternative to the standard FDR hearing. Instead of waiting for a court date, the couple jointly appoints a senior barrister or retired judge to act as a neutral evaluator. This person gives an informal view on what a fair financial settlement might look like, helping both sides negotiate with confidence.
Private FDRs are often quicker, more flexible, and less stressful than court hearings. They can be held in person or remotely, and allow more time for discussion. While the outcome isn’t binding, most cases settle on the day — saving time, cost, and emotional strain.
Prohibited Steps Order
A court order that stops a parent from doing something — like taking a child out of the country or changing their school — without the other parent’s agreement.
Property Adjustment Order
A court order transferring ownership of property from one spouse to another.
Q
Quickie Divorce
Often mentioned in the media — especially in celebrity stories — the idea of a “quickie divorce” suggests that couples can end their marriage almost instantly. In reality, there’s no such thing in English law – even in simple cases, divorce takes time. Under the current no-fault system, there’s a 20-week reflection period before applying for the Conditional Order, followed by a 6-week and 1-day cooling-off period before the Final Order. So even in the most straightforward cases, a divorce will take at least 26 weeks from start to finish. The process is designed to be calm, considered, and fair — not rushed.
R
Resolution Together
Another term for the One Couple One Solicitor process. It describes a cooperative approach where a couple works together with one solicitor to reach a resolution. The solicitor supports both parties neutrally through disclosure, settlement discussions, and legal documentation — helping them reach agreement together from start to finish.
Respondent
The party who responds to a divorce petition (now called divorce application).
S
Safeguarding Concerns
Worries that a child may not be safe or well cared for — for example, if there’s a risk of harm, neglect, or abuse. These concerns must be taken seriously and may involve social services or the court.
Separation Agreement
A written contract between separating couples outlining arrangements for finances, property, and children without court involvement.
Shared Care
An arrangement where children spend significant time living with both parents — not necessarily 50/50, but both have regular, meaningful time with the children rather than previous arrangements in which the non-resident parent would see the children on alternate weekends and once during the week.
Sole Application
A divorce application made by one spouse alone, though this doesn’t necessarily mean the divorce is contested.
Specific Issue Order
A court order used to decide a particular question about a child’s upbringing — like which school they should go to or whether they can go on holiday abroad.
Spousal Maintenance
Regular payments made by one former spouse to financially support the other after divorce.
Statement of Issues
A short summary of the key points the court needs to decide — typically used in financial remedy proceedings. It sets out the key questions the court needs to resolve — for example, how assets should be divided, whether maintenance is appropriate, or how pensions should be treated. It helps narrow the focus of the case and avoid unnecessary disputes.
T
Time Order
A court order specifying when children will spend time with each parent.
U
Undertaking
A formal promise made to the court by one party to do or refrain from doing something.
Undefended Divorce
A divorce where the respondent does not contest the application, allowing it to proceed without court hearings.
V
Variation Order
A court order that changes the terms of an existing financial order due to changed circumstances.
W
Without Prejudice
Communications marked as such cannot be used as evidence in court proceedings, encouraging open settlement discussions.
Note: This glossary is based on English and Welsh family law. Legal terms and procedures may vary in other jurisdictions. Always consult with a qualified family lawyer for advice specific to your situation.
