If you are going through a divorce, you may hear words and phrases that you are not familiar with, or that you need defining. Below are some of the more common divorce terms used in family law.
Acknowledgement of Service
This refers to a form that needs to be filled in and sent to the court confirming that a legal document such as a divorce petition has been received.
Adjournment
This generally refers to the postponement of a court hearing.
Arbitration
This is a type of private proceeding, similar to a court hearing only using an arbitrator who will be paid for by you and your spouse. It is generally a quicker way of dealing with a dispute than the family law courts. The arbitrator will be a divorce and family law expert and their decision will be sealed into a binding court order.
CAFCASS
The Children and Family Court Advisory and Support Services. This is a government agency that works with families and reports to the courts on what it believes will be in the best interests of the children involved in a divorce.
Child Maintenance
This is usually paid to the parent who has the main day-to-day care of the child by the other parent. It can be agreed upon between the parents themselves or the Child Maintenance Service can be used to calculate a payment and also, if required, to collect payments.
Child Arrangements Order
Child arrangements set out how much time a child will spend with each parent and with whom they will live. An order can also specify other details such as who else a child will see and how they will stay in touch with their parents when they are apart. Once an agreement is reached, it can be sealed into a binding child arrangements order by the court.
Alternatively, if an agreement cannot be reached, then the court can be asked to make an order itself.
Clean Break
A clean break is a financial solution that ends financial responsibilities between the parties. The court can make a legally binding clean break order.
Collaborative Law
Collaborative law is an alternative means of dispute resolution to litigation. It involves both parties and their solicitors sitting down together to try and resolve matters and reach an agreement.
Consent Order
A consent order is made when a couple can agree on issues. Their agreement is put into writing and the court seals it, making a legally binding order. This could be about finances and property or child arrangements.
Counsel
Another word for a barrister. This is an advocate able to represent you in court.
Child Maintenance Service
The government’s Child Maintenance Service deals with maintenance issues such as calculating how much a parent should pay, arranging collection and payment, disagreements over parentage and taking steps to collect child maintenance arrears.
Final Hearing
The hearing at the end of a case is when the judge will examine all of the evidence and hear what you have to say before making a final order.
Form E
This is a lengthy form that you will be required to fill out to fully disclose your financial situation to your spouse and their solicitor. It is a requirement that both parties fill in Form E at the start of financial proceedings. Even if you can agree on financial matters with your spouse, you will still need to fill out Form E before the court will sign a consent order.
Mediation and MIAM
Mediation is another alternative form of dispute resolution other than court. It involves sitting down with a neutral mediator who will help you and your spouse try to reach an agreement over contentious issues such as arrangements for children and separation of finances and property.
It is usually a requirement that you at least consider mediation before asking the court to rule on issues. This is done by attending a Mediation Information Assessment Meeting or MIAM. Mediation will be explained to you and you can decide whether or not you wish to proceed with it.
Non-Molestation Order
This is an order of the court preventing someone from molesting another person. It can be used to protect a spouse and/or children from another spouse, including preventing them from coming within a certain distance of someone as well as prohibiting harassment, violence, intimidation and threats.
Prohibited Steps Order
This is an order made by the family court preventing someone from taking certain actions in respect of a child, such as removing the child from their school, changing their name or taking them out of the country.
Specific Issue Order
Similarly, a specific issue order is made by the family court requiring someone to take a specified action, such as applying for a named school or agreeing to health treatment.
Spousal Maintenance
This is payment to a spouse, which is separate from child maintenance. It is often used as a way of supporting a spouse while they transition to independence, for example, while they retrain or seek a job. In some cases, maintenance can be ordered on a long-term basis.
Contact Our Divorce Solicitors
At Witan Solicitors, we represent individuals in respect of contentious issues such as arrangements for children, division of property and financial matters during divorce and separation. We will cut through all the divorce terms and jargon to make sure you understand every step of your divorce.
If you would like to speak to one of our expert divorce solicitors, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss the options available. We have offices in Birmingham, Northampton and London.
