Key words & phrases

The old name for a court order which specified who should spend time with a child (and when).  These are not called Spends Time With orders.

Where the court case (or a court hearing), is re-arranged to take place at a later time (this could be on the same day or another day).

A written statement from someone who formally swears an oath that the statement is true and then signs it. 

New court rules are sometimes added to the end of existing court rules and called an Annex.

A form that the respondent to a divorce / dissolution must complete if they do not agree with it going ahead. In this form they have to give their reasons for not agreeing.

The person who starts a court case by making an application to court. An application is a request for a court to make an order. 

The person who started the application for a divorce or dissolution. If the application is joint, both people are applicants (applicant 1 and applicant 2). 

A formal request for the court to make an order. Applications are most often made in writing in a specific court form. 

A court form that starts a court application. 

Someone appointed by the court to protect property while a disagreement about a debt is decided. 

A private process similar to court which takes place under special arbitration rules. At the beginning, the parties agree to "bound' by the arbitrator's decision i.e. to do what the arbitrator says. 

The final decision of an arbitrator.

Where someone intentionally spends, hides, or transfers assets to reduce the value of what is jointly owned and available for dividing up in the divorce / dissolution settlement. This can involve things such as selling assets at a low price, gifting assets to friends or family, hiding assets in offshore accounts, or excessive spending on personal luxuries.

A type of enforcement order. An employer is ordered to take money out of the earnings of an employee because they owe money to someone under a court order. 

Court bailiffs' powers include collecting debts, serving court documents and carrying out arrest warrants. There are different types of bailiff.

A type of lawyer. They specialise in standing up in court rooms and representing someone in a court case. They also advise clients about the strengths and weaknesses of their case and draft court documents. 

A legal term for when people are obliged to do (or not do) something. For example, "they were bound by the court order" i.e. they had to do what the court order said. 

The only ground (i.e. reason) for a divorce or dissolution.

A file of the key documents in the case. There are strict rules about what needs to go into a bundle and how it should be organised. The parties (any lawyers) and the judge all use their own copy of the same bundle at hearings so that everyone can easily refer to documents that are needed during a hearing. 

When the "burden" is on one person in a court case, it is that person's responsibility to prove something.

This stands for the Children and Family Court Advisory and Support Service. An independent body that advises the Welsh court on the welfare of children involved in children law cases.

Someone who works for Cafcass who advises the court on the welfare of children who are involved in children law cases. Also known as a Family Court Adviser or a Court Welfare Officer. 

This stands for the Children and Family Court Advisory and Support Service. An independent body that advises the English court on the welfare of children involved in children law cases. 

Child arrangements order. This is an order which will set out arrangements relating to (a) who a child is to live with, spend time or otherwise have contact, and (b) when a child is to live, spend time or otherwise have contact with any other person.

Centralised Attachment of Earnings Payment System. The public body that receives money from attachment of earnings orders and pays it to the person who is owed money.

Law that is contained in decisions made by judges (these are called judgments). 

Also known as CAPS. The public body that receives money from attachment of earnings orders and pays it to the person who is owed money. 

A court order. Securing a debt against an asset or preventing the sale/transfer of an asset.

A court order which sets out arrangements relating to (a) who a child is to live with, spend time or otherwise have contact, and (b) when a child is to live, spend time or otherwise have contact with any other person.

A child of both spouses or civil partners. Also any child treated by both spouses or civil partners as a child of their family. This includes step children and adopted children, but does not include fostered children. 

The wrongful removal of a child from any person having, or entitled to, lawful control of that child.

Also see International child abduction

A legally registered relationship between two people who are not related to each other. Civil partners can be same or different sex.

Official proof of a civil partnership. Details contained in the certificate include the date and location of the civil partnership ceremony and details about the civil partners. 

A process for trying to agree family law disagreements away from court. Each party appoints their own collaboratively trained lawyer. There is open communication and a series of 4-way meetings take place to progress the case. 

When the court orders someone to prison for contempt of court. 

The middle stage of a divorce / dissolution - confirmation from the court that there is no reason the divorce / dissolution cannot take place. This used to be called the decree nisi.

The behaviour of a party which is taken into account by a judge when making a decision about the case. In money and property cases, it is unusual for a party's conduct during the relationship to influence the outcome of the case.

A court order which has been agreed by the parties, instead of having been decided by the judge. If agreement is reached about all or some of the issues, the court can turn those agreements into a court order.

A place for a parent to see their child in a neutral and ‘safe’ environment.

One party asking the court to order another party to pay for some or all of their legal costs, because of the other party's bad behaviour in a court case. 

When a judge orders that one person should pay some or all of the other party’s legal costs.

A court employee who helps with court administrative duties.

Money that has to be paid to court to start a court case or to make an application in an existing court case. 

The court's diary: the cases that will have hearings in a particular court on a particular day. 

A document that records a decision of a court and gives instructions to the people who are involved in a case. It will include the date of the order, at which court it was made and if it was made by a judge it will include their name. 

Another name for a court case. 

The stamp put on some court documents which shows that document has been produced by the court.

Someone who works for Cafcass who advises the court on the welfare of children who are involved in children law cases. Also known as a Family Court Adviser or a Cafcass Officer. 

This stands for the Civil Procedure Rules 1998, which are the procedural rules for civil law issues. These are different from the Family Procedure Rules.

Questions at a hearing of a party or a witness by the opposing party (or their lawyer). 

An old name for a "Lives With" order.

The date on which a couple stops living together as husband and wife or civil partners.  It is possible to be separated but living under the same roof.

The old name for the final stage of a divorce / dissolution.  This is now called a final order.

The old name for the middle stage of a divorce / dissolution. Pronounced nigh-sigh, not nee-see. This is now called a conditional order.

The date something procedural is treated as having happened. For example, "the deemed date of service was two days after the document was posted".

A court that acts as the central court for family law in a particular geographical area. 

The judge who is in charge of the family courts in a particular geographical area. 

A barrister who can take work from members of the public without the need for a solicitor. To do this, the barrister must be a member of the Bar Council’s Direct Access Scheme. 

Costs solicitors charge which are not their fees.  For example, court fees or Land Registry fees. 

When the court brings an order to an end.

A court order that has already been brought to an end.

The process by which parties in a court case provide information and documentation to each other. Different types of court cases have different rules about what, when and how disclosure should take place.

A type of court hearing in children cases. It is often the second hearing (after the First Hearing Dispute Resolution Appointment) and it is used to try and narrow the issues. 

One party intentionally reducing, hiding, or wasting marital assets, especially in the lead-up to or during divorce or financial remedy proceedings, to prevent the other party from receiving a fair share.

The legal process that ends a civil partnership (same sex or different sex). Only the courts can dissolve civil partnerships. 63

The legal process that ends a marriage (same sex or different sex). Only the courts can divorce people. 

The document that starts a divorce / dissolution. This used to be called a petition. 

The old name for divorce / dissolution applications. 

Our guide on the definition of domestic abuse can be found here. 

A technical legal concept. The place of someone's permanent home in which they live, or to which they intend to return. Everyone is born with a domicile (this is called the domicile of origin). Some people's domicile will change (this is called domicile of choice).

Another name for a bailiff.

Court proceedings started to make someone comply with an existing court order. 

England and Wales is a legal jurisdiction. A legal jurisdiction has its own laws and courts. 

The title given to the independent, qualified third party who is asked to give their views about a family law disagreement (within a process called neutral evaluation or early neutral evaluation). 

Evidence and opinions provided by someone with special skills and knowledge. There are strict rules that deal with expert evidence.

A court hearing for a judge to decide what the truth is about specific facts / allegations that have been made be one party and disputed by the other. 

Someone who works for Cafcass who advises the court on the welfare of children who are involved in children law cases. Also known as a Cafcass Officer or a Court Welfare Officer. 

Financial Dispute Resolution. A court hearing that is designed for negotiations that takes place during money and property cases (about divorce or dissolution). It is usually the second hearing. 

First Hearing Dispute Resolution Appointment. It is usually the first hearing that takes place in children cases. The court uses the hearing to understand the issues and plan the case.

Sending documents to court (file) and sending documents to someone who is involved in a court case (serve). 

When someone involved in a court case sends documents to court. For example "they filed their witness statement by the deadline " i.e. they sent their witness statement to court by the deadline. 

The final stage of a divorce / dissolution. This used to be called the decree absolute.

A type of court hearing in children cases. It is usually the first hearing that takes place. The court uses the hearing to understand the issues and plan the case.

The collaborative law process centers around these meetings in which there is open discussion about how to resolve the issues. The reference to four is because the meetings are attended by the two parties and their two lawyers. 

The Family Procedure Rules 2010, which are the procedural rules for family law cases.

The old name for a Third Party Debt order. 

The nominated District Judge or Legal Adviser responsible for deciding which level of judge should initially deal with a court case.

The legal basis for a divorce or dissolution. There is only one ground: the marriage / civil partnership has broken down irretrievably. 

A technical legal concept: The place in which someone's life is mainly based. They must be settled there and intend to stay settled there.

A meeting or court appointment with a judge or magistrate. 

When someone gives evidence about something that they did not experience themselves. For example, an event they were told about by someone else. 

Traditional mediation involves just the couple and the mediator in one room. Hybrid mediation is a different approach, such as lawyers or other professionals (e.g. accountants) being present and / or the couple being in separate rooms.

Independent financial adviser.  A professional who provides unbiased financial advice and recommendations.  IFAs need to be registered with the Financial Conduct Authority. 

A court order that has immediate effect.

Behaviour which the court considers interferes with the course of justice in legal proceedings.

Independent advisers who provide support, help and advice to people who have experienced domestic abuse. They work with adults and children.

Independent advisers who provide support, help and advice to people who have experienced rape and sexual assault. They work with adults and children.

Any contact with child which is not face-to-face (for example, video calls, phone calls, birthday cards).

A legal agreement between someone who owes money and the people/companies they owe it to. The agreement is approved by the court and sets out how the debts will be paid over time. 

Contact that takes place between the first court hearing and the final hearing. 

A temporary court order that lasts until a permanent order is made, or the temporary order is cancelled. 

The wrongful removal or wrongful retention away from the country where the child usually lives.

Also see Child abduction. 

The word used for when a court processes a court application. For example "the court issued the divorce application on 1st May".

An application for a dissolution made jointly by both civil partners.

An application for divorce made jointly by both spouses to a marriage.

The decision of the judge or magistrate and the reasons why the decision has been made.

Someone who is owed money by someone else under a court order.

Someone who owes money to someone else under a court order.

A court process which does not formally end a marriage, but enables the court to make financial orders. This is primarily used by couples who have permanently separated, but who do not want to divorce for religious reasons.

The courts of England and Wales can only deal with cases where the parties (or their children in child arrangements cases) have the required connection to England and Wales. This is known as jurisdiction. Different types of court cases have different jurisdiction requirements.

When the state pays for someone's legal or mediation costs.

Laws that are created by the UK Parliament, the Scottish Parliament, the Welsh Parliament or the Northern Ireland Assembly.

Someone who is involved in a court case as an applicant or a respondent and who is not represented by a lawyer.  They are also sometime referred to as "representing themselves"

Someone who is appointed to make decisions in a court case for someone who does not have the mental capacity to do this for themselves.

A court order that states who a child lives with and when they will live with them.

A one-time payment of money ordered or agreed upon as part of a financial settlement following a divorce / dissolution.  

Volunteers who hear court cases in their communities. They can deal with some family law matters

Financial support that one person may be legally required to pay to another.  There are two types of maintenance: 

Spousal maintenance: Paid by one spouse or civil partner to the other after divorce / dissolution.  

Child maintenance: Paid by a parent who doesn't live with the child full-time, to the parent who does.  It is intended to cover living costs like food, housing, clothing and education.  

Official proof of a marriage. Details contained in the marriage certificate include the date and location of the marriage and details about the married couple

People who provide support to those taking part in a court case without a lawyer. This can be a personal contact, someone provided by a charity or a professional McKenzie Friend.

A voluntary process in which a trained mediator helps people with a legal dispute to reach agreement.

In mediation this is the document that lists everything that has been agreed in mediation. It can be used as the basis for a more detailed document which is sent to court to be turned into a court order (this is called a consent order)

Someone does not have mental capacity if they are "unable to make a decision for [themselves] in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain". (Mental Capacity Act 2005)

This stands for Mediation Information and Assessment Meeting. At a MIAM a mediator explains what mediation and other forms of non-court dispute resolution (NCDR) are. Often a person who wants to start a court case has to attend a MIAM first.

A type of non-court dispute resolution (NCDR). When an independent, qualified third party (such as a retired judge) is asked to give their view on what a court would likely decide.

The court will only make an order about a child if the court considers that making an order would be better for the child than making no order at all.

The change to the law which meant a divorce / dissolution could be started without either person being blamed for the end of the relationship

Processes for trying to agree family law disagreements away from court. This is also referred to as NCDR. Examples include mediation, neutral evaluation. collaborative law and arbitration.

A court order that protects victims of domestic abuse from harassment, violence, and threats from their abuser.  It can also protect children.

The amount taken from the earnings of someone who has an attachment of earnings order made against them.

A document produced by the court that tells you when and where your court hearing is and how long it should last.

An order that sets out who can live in a property.  It can exclude a person totally from the property or prohibit a person from entering certain
parts of the property.

Formally swearing to the truth of evidence. The evidence can be in writing or said out loud in court.

When a court or arbitrator makes a decision by reviewing the relevant paperwork and not having a hearing

In all its decisions and application of the rules, the court must take into account the objective of dealing with cases "justly, having regard to any welfare issues involved". The parties must also help the court do this. (Rule 1.1 of the Family Procedure) Rules.

The legal rights and responsibilities normally associated with being a parent.

A written agreement between parents that records the practical arrangements for their children.

A hearing which has started but which has not been finished within the day, and then continues on another day.

Someone who is involved in a court case as an applicant or a respondent. Also someone who the court has added as a party after a case has started.

A tax efficient way of saving for retirement. The court has various powers to make changes to pensions on divorce / dissolution.

The document that tell a pension company how to implement a pension attachment order.

A court order that shares the income from the pension of one person with their spouse / civil partner.

The document that tells the Pension Protection Fund how to implement a pension compensation order.

A court order the splits (between spouses / civil partners) the benefits of a pension that is managed by the Pension Protection Fund.

The body that manages defined benefit pensions when an employer becomes insolvent.

The document that tells a pension company how to implement a pension sharing order.

A court order that shares the pension pot of one person with their spouse / civil partner 

A regular, ongoing payment made by one party to another after a divorce / dissolution.

A method of service which involves the documents being left with the person who is being served.

An online resource provided by Cafcass to help with co-parenting

A course run by Cafcass which aims to promote cooperative parenting. The court sometimes orders people to take part.

Rules of court that deal with procedural issues. Practice directions are generally additions to existing procedural rules.

What happens before court proceedings are started (this is because court proceedings are started with an "application").

A protocol contains the rules for a specific part of a legal process. A pre-application protocol contains the rules that must be followed before a new court cases is started.

The rules that say what someone has to do before they start a court case.

When a decision is made by a court, previous (and relevant) decisions by more senior courts have to be followed. 

A private version of a court Financial Dispute Resolution hearing. The parties jointly appoint an independent family lawyer to act as the FDR "judge".

Professionals who serve documents on people.

A court order that stops someone with parental responsibility from making a decision about a child's upbringing. For example, changing the child's surname.

A court order that allows the court to transfer, settle, or vary (change) ownership of property (usually the family home) between the parties.

Context: Form A, "A settlement or a transfer of property for the benefit of the child(ren)".

The minimum an employee should receive from their earnings after an attachment of earnings order has been deducted.

This stands for pension sharing order, which is a court order that shares the pension pot of one person with their spouse / civil partner.

Safehouses for adults and children escaping domestic abuse.

Registrars are employed by local authorities. They conduct wedding and civil partnership ceremonies from venues that are licenced for those ceremonies.

A venue for civil (i.e. non-religious) marriages or civil partnerships

Ongoing financial support made from one party to another following divorce / dissolution. 

The person who receives the divorce or dissolution application. The other person is known as the applicant.

When someone involved in a court case sends documents to another person involved in the case. For example "they served their witness statement on the other party " i.e. they sent their witness statement to the other party.

A court order which prohibits the convicted person from further actions or behaviour which causes harassment or will cause a fear of violence.

An agreement reached between the parties involved without going through a full court trial. Settlement is often encouraged because it saves time, reduces legal costs, and minimises emotional stress, especially when children are involved.

The written summary of a party’s case which is prepared before a hearing.

An application for a dissolution made by one civil partner.

An application for divorce made by one of the spouses to a marriage.

A court order that deal with a specific issue about a child that the parties cannot agree. For example, the choice of school.

A court order that states who a child spends time and when they spend that time.

A formal declaration someone signs to confirm the truth of a statement.

A change over time to the arrangements for a child. For example increasing the time spent with a parent. When preparing a welfare report, Cafcass is encouraged to make recommendations for “stepped phasing-in” of child arrangements, so long as that can be done safely and in the interests of the child.

Contact with a child that takes place under the supervision of someone else who has been appointed to supervise.

Contact with a child that takes place in a supported environment. For example, a contact centre.

A court order that only comes into force once something does or does not happen.

A legally binding contract between a landlord (property owner) and a tenant (renter) or tenants, outlining the terms and conditions of a rental property and defining the rights and responsibilities of both the landlord and the tenant(s). 

When the court makes any decisions about the upbringing of a child their "welfare shall be the court's paramount consideration" (s. 1 of the Children Act 1989).

A court order. An example is when a bank is ordered to take money out of a customer's bank account, and pay it to a person who is owed money under a court order.

A change to the terms of an existing court order.

A document prepared by Cafcass or a local authority that gives the court information about the child’s welfare to help the judge make decisions.

An employee of Cafcass Cymru who advises the court on the welfare of children.

A type of urgent court hearing or application which is made without telling the other parties. There need to be good reasons for an application being made "without notice".

Offers to settle a legal disagreement are called "without prejudice" if they are intended to be secret from the person (for example a judge or arbitrator) who is going to make the final decision. The concept exists to enable people to suggest compromises without harming their own case.

A written statement from someone who signs to confirm it is true.

The timetable which sets out which witnesses will give evidence at a hearing, when they will give that evidence and for how long.

A court order. Someone's personal property is "seized" and sold in order to pay debts they owe under a court order.

An online resource provided by Cafcass Cymru to help with co-parenting.