legal terms explained

Acknowledgement of service - the form which the respondent (or co-respondent) signs to acknowledge receipt of the divorce petition.

Affidavit - a formal statement sworn on oath to be true by the person making it. This is usually done before a solicitor or a county court officer.

Ancillary relief - general term for the possible financial orders which a court can make as part of the divorce process.

Clean break - a financial arrangement where it is agreed that the spouses will make no further financial claims against each other.

Consent order - an order made by a court giving effect to the terms agreed between husband and wife.

Co-respondent - a person with whom the respondent is alleged to have committed adultery. The law no longer requires that person to be named as a Co-respondent in the divorce proceedings provided there is no claim for costs against that person.

Decree nisi - the first divorce decree indicating that the court is satisfied that the ground for divorce has been established.

Decree absolute - the final divorce decree that brings the marriage to
an end.

District judge - a County Court judge who deals with most of the divorce proceedings and usually with financial matters.

Domicile - the country where a person has his or her permanent home.

Maintenance pending suit - temporary maintenance pending finalisation of the divorce.

Matrimonial home - any property in which a married couple live together, regardless of whether it is owned or rented.

Mediation - the process in which trained independent mediators try to help a couple reach agreement about arrangements to be made for finances or other matrimonial disputes.

Periodical payments - maintenance either for a spouse or children.

Petition - the document with which a spouse asks the court for a divorce.

Petitioner - the person who applies for a divorce.

Prayer - a formal part of the petition which asks the court to make orders in favour of the petitioner.

Property adjustment order - an order that a husband or wife should transfer property to the other.

Request for directions for trial - application to the court for a decree nisi.

Respondent - the other spouse upon whom the divorce proceedings
are served.

Service - the process, usually by post, by which court documents are formally sent to the party they are addressed to.

Statement of arrangements - the form which has to be sent to the court with the petition if there are children, which sets out the arrangements proposed for those children when the divorce takes place. This should be agreed by the husband and wife in advance and signed by both of them if agreed.