Glossary

Legal terms in divorce proceedings explained

Acknowledgement of Service – the form which the Respondent (or Co-Respondent) signs to acknowledge receipt of a divorce petition, and to confirm whether he/she intends to defend the petition.

Address for Service – the postal address to which documents are sent by the Court, and the spouses serve documents upon each other.

Affidavit – a formal written statement sworn on oath to be true by the person making it.  An affidavit is usually sworn before a solicitor (but not your own solicitor) or a County Court Officer. 

Ancillary Relief – a general term for the possible financial orders which the Court can grant as part of the divorce process.  Briefly, the Court can make an order for periodical payments (maintenance), lump sum, property adjustment or pension sharing. 

Clean Break – a financial settlement which includes an agreement that the spouses will make no further financial claims against each other in the future. 

Consent Order – an order made by the Court with the agreement of the husband and the wife, on a joint application.

Co-Respondent – a person with whom the Respondent is alleged to have committed adultery.  The law no longer requires the actual name of a Co-Respondent to be set out in a divorce petition, unless there is a claim for legal costs against that person.  A divorce can be obtained on the basis of the Respondent’s admitted adultery with an unnamed Co-Respondent.

Decree Absolute of Divorce – the final divorce decree which dissolves a marriage. 

Decree Nisi of Divorce – the initial divorce decree, which confirms that the ground for the divorce has been established, but does not dissolve the marriage.

District Judge – a type of judge who sits in the County Court and the Family Proceedings Court, and who deals with most matters relating to divorce cases.

Divorce Petition – the document in which a spouse asks the Court for a divorce, and which starts the divorce process.

Domicile – the country where a person has his/her permanent home, or closest connection.  This can be either a domicile of origin, or a domicile of choice. 

Lump Sum Order – an order in divorce proceedings whereby the Court can order one spouse to pay a specific sum of money to the other spouse.

Maintenance Pending Suit – temporary maintenance for a spouse pending decree absolute of divorce.

Matrimonial Home – the address at which a married couple live or last lived together as man and wife, regardless of whether it is owned or rented etc. 

Mediation – a process which takes place outside the Court system, in which trained independent mediators try to help couples to reach their own arrangements in relation to matters arising from the breakdown of a marriage, for example concerning finances or children, as an alternative to having a decision imposed on them by the court.

Pension Sharing Order – an order whereby the Court can transfer part of one spouse’s pension entitlement to the other, to create a new separate pension for the other spouse.

Periodical Payments – regular weekly or monthly maintenance payments for a spouse and/or children.

Petitioner – the spouse who applies for a divorce by issuing a divorce petition.

Prayer – the section of a divorce petition in which the Petitioner sets out the orders which he/she is seeking from the Court.

Property Adjustment Order – an order which enables the Court to deal with property owned by the spouses, for example requiring a family home to be transferred into the sole name of one of the spouses, or sold.

Request for Directions for Trial – the Petitioner’s application to the Court for a hearing date for declaration of Decree Nisi of divorce.  If the request is made under the Special Procedure, then it should not be necessary for anyone to attend at the Decree Nisi hearing. 

Respondent – the spouse upon whom the divorce petition is served after it has been issued by the other spouse.

Statement of Arrangements for Children – if a divorce case involves children under 18, then in most situations the Petitioner will need to serve with the divorce petition a form setting out the arrangements for the children as they will be after the divorce.  The Court needs to be satisfied with these proposed arrangements, failing which complications might arise in relation to the divorce petition.  It is possible for the spouses to agree the contents of this form before the petition is issued.