This guide explains some commonly used terms. If you encounter these words during the course of your transaction and are not wholly certain of their meaning or effect, please do not hesitate to ask for clarification.
A barrister or a solicitor representing a party in a hearing before a court.
Claims arising out of a divorce, judicial separation or nullity petition most commonly for financial provision.
An application to a higher court for review of a decision of a lower court.
Children and Family Court Advisory and Support Services. Government Agency which looks after the interests of children involved in family proceedings. It works with children and their families, and then advises the courts on what it considers to be in the children’s best interests. CAFCASS only works in the family courts.
Following an application regarding the arrangements for a child, CAFCASS will prepare a safeguarding letter for the court which include:
The unauthorised removal of a child from the care of the person with whom he normally lives.
An order which determines who a child lives with and/or who they spend time with.
A financial settlement which means that the parties will have no financial ties and they will be financially independent once the court order has been made and implemented. A court has a duty to consider whether a clean break is appropriate.
Sending a person to prison for breaching a court order.
A structured process in which parties to a dispute meet voluntarily with one or more impartial third parties who help them explore the possibilities of reaching agreement without having the power to impose a settlement on them or the responsibility to advise any party individually.
A hearing at which the court and a CAFCASS officer will consider the case and attempt to assist the parties to reach an agreement
The final order of divorce is the final document in the divorce and confirms that the marriage has been ended.
A Conditional Order does not finalise a divorce. It is a document which says that the Family Court cannot see any reason why a divorce cannot be granted and an Application for a Final Order can be made six weeks and one day later.
A subsequent hearing in proceedings relating to the arrangements for a child which usually takes place after a piece of evidence has been received, such as a welfare report, at which the court will try and encourage the parties to reach an agreement or, hopefully, narrow the issues to be determined at a final hearing.
There is no definitive definition but it is considered to be an incident or pattern of incidents of violent, threatening, controlling, harassing, controlling, coercive or degrading behaviour by a partner or family member.
A form of ill-treatment of an adult or child. No precise definition.
A hearing at which the court decides who is telling the truth when there is a factual dispute, usually when there has been domestic or child abuse, on the balance of probabilities.
The hearing at which the court will make the final determination in relation to any applications before it.
Hearing in Ancillary Relief proceedings where the court assists the parties in discussion and negotiation to reach a settlement. The court is unable to force an agreement on the parties at this hearing.
First hearing in Ancillary Relief proceedings. The purpose of this hearing is to define the issues, save costs, make directions in relation to the future conduct of the case, and, where possible, reach a settlement.
The first hearing following an application regarding the arrangements for children. It is used to identity what the issues are, decide what information is needed to help the court make a decision and, where possible, reach an agreement.
An obligatory signed financial statement filed in Ancillary Relief proceedings intended to encapsulate everything the court needs to know about the financial position and what orders the parties are seeking.
Under the Children Act 1989, is defined as ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another.
An official order given by a court, usually to stop someone from doing something.
The court approving formal separation of parties to a marriage but not actually dissolving the marriage.
An order requiring one party to pay money to another party.
An order requiring one party to make regular payments to the other party to allow them to financially support themselves until the divorce becomes final.
Talking to two separate people or groups involved in a disagreement to try to help them to agree or find a solution to their problems.
The first meeting with a specially qualified to see whether it is possible resolve issues without starting court proceedings. It is necessary to attend a MIAM before starting court proceedings unless an exemption applies.
Failing to give enough care or attention to a child.
A void or voidable marriage pursuant to Sections 11 and 12 of the Matrimonial Causes Act 1973
on grounds including:
Under Section 1 of the Children Act 1989, when a court determines the upbringing of a child or the administration of a child’s property, the child’s welfare shall be the court’s paramount consideration.
Under Section 3 of the Children Act 1989 this is defined as all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property. Aspects of parental responsibility include:
An order which sets out how of one party’s pension will be transferred to a pension fund in the other party’s name.
Can be attached to a Non-Molestation or Occupation Order allowing a police constable to arrest a person whom he or she has reasonable cause for suspecting to be in breach of the order and bring that person before the court within 24 hours of arrest.
An order which stops a person from exercising an aspect of their parental responsibility for a child, such as changing a child’s surname or relocating, or stops them from a certain activity.
An order which outlines how the parties’ property will be divided upon divorce and includes:-
An order which requires a party to make regular payments to the other party for themselves or for a child of the family. This is also known as maintenance. The payments can be secured or unsecured.
Considerable, noteworthy or important harm.
An order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
Under Section 7 of the Children Act 1989, the court when considering any question with respect
to a child may order a report relating to the welfare of a child to be prepared by CAFCASS or a local authority
