We appreciate that legal terminology can be overwhelming and so in this weeks blog, Ellie explains some of the most common terms used in divorce and financial proceedings, but in plain and simple language.
General Terms
Application: This is a widely used term for the various applications that may be made. All applications will involve a formal request for the Court to determine.
Applicant: A person who starts legal proceedings by making an application to the Court.
Respondent: A person who is involved in and required to respond to an application.
Family home (or matrimonial home): The property occupied by the spouses and/or family during the marriage.
Child/ren of the family: A child (or children) who is biologically or legally a child of both spouses, or any other child treated by both spouses as a child of their family, regardless of whether they are biologically their own.
Order: A legally binding document made by a Judge or Magistrates in Court, recording an official decision or way forward.
Directions: Instructions by a Judge contained within an Order, which usually consist of things to be done before or following a hearing.
Counsel: Also known as a barrister, who may be instructed to represent you (including to speak on your behalf) at a Court hearing.
Separation: The date on which you reached the conclusion that your marriage was at an end.
Divorce proceedings
Divorce application (formerly known as the divorce petition): The official legal document used at the start of the process to end a marriage in the UK (this can be a sole or joint divorce application, depending on the route chosen).
Acknowledgement of Service (in sole applications only): A document in which a Court application is formally acknowledged by a Respondent.
Conditional order (formerly known as the Decree Nisi): The document that confirms you are entitled to a divorce but are not yet legally divorced. It is essentially a mid-way point in the divorce process.
Final order (formerly known as the Decree Absolute): The document that officially ends a marriage, making you legally divorced.
Financial proceedings
MIAM certificate: A document from an accredited mediator that confirms you’ve attended an initial meeting, which is a requirement for most family law applications (save for in exceptional circumstances).
Form A (or Notice of intention to proceed with an application for a financial order): The application to the Court to resolve financial matters between you, as part of your divorce.
Form C (or Notice of First Appointment): The document which sets the first hearing date in relation to financial matters, amongst other deadlines for paperwork to be produced before the hearing including:-
Form E (or Financial statement): A statement used in court proceedings during to provide a detailed background of your financial circumstances, including assets, income, liabilities, and financial needs.
Questionnaire: A list of questions which is normally prepared after reviewing the other party’s Form E, with a view to obtaining further financial information by identifying any errors, omissions and so on.
Mortgage capacity evidence: Proof of the likely amount you would be able to borrow by way of a mortgage based on your financial circumstances.
Property particulars: Examples of properties that you consider suitable for yourself (and/or your spouse) once the financial proceedings come to an end.
ES1: A concise summary of dates / important information in relation to the case.
ES2: A detailed schedule listing both spouses assets, liabilities and income.
First Directions Appointment (FDA): The first hearing in financial proceedings, during which the Judge will make directions to progress the case to the next hearing.
Replies to Questionnaire: Answers provided to the other’s questionnaire, usually in between the FDA and FDR hearings (see below).
Updating disclosure: The ongoing obligation for both spouses to provide new or updated information relating to your financial circumstances as your case progresses, usually before the 2nd and final hearings (see below). This ensures everyone (including the Judge) has the most current and accurate information when making decisions.
Financial Dispute Resolution hearing (FDR): The second hearing in financial proceedings, at which you will have the opportunity to negotiate an agreement with your spouse, with the input / assistance of the Judge. This hearing is conducted on a “Without Prejudice” basis (see below).
Without Prejudice offers: A legal principle that protects communications made during settlement negotiations from being used as evidence at a later date. This protection is designed to encourage open discussions between spouses in a dispute, without concern that any admissions or comments may be held against them in the future if the negotiations fail.
Open settlement offers: A formal settlement proposal that can be shown to the Judge / Court at any stage. There may be tactical or strategic reasons for putting forward an open offer (rather than an offer on a without prejudice basis).
Final hearing: The last hearing in financial proceedings, at which the Judge will hear evidence from both spouses and make a final decision in relation to their finances.
Final Financial Remedy order: An all-encompassing order made by the Court (either by agreement or by a Judge following a hearing), which sets out the final settlement between spouses, and concludes the Form A application. This may include one or more of the following orders:-
Lump sum order: An order that one spouse pays the other a fixed sum of money in either one payment or by instalments.
Property adjustment order: A type of order which addresses how a property is to be dealt with including a transfer of ownership, a delayed sale, or the distribution of sale proceeds.
Spousal maintenance (known as “alimony” in the US): A type of order which requires a spouse to pay the other out of their monthly income, in appropriate circumstances.
Pension sharing order: An order which divides pension assets between spouses. The order will specify a percentage of one spouse’s pension that is to be transferred to the other.
Clean break order: An order which allows spouses to separate without any further financial responsibility for each other, where appropriate.
At E J Coombs, we are experienced in dealing with all aspects of divorce and financial proceedings. Please do not hesitate to contact us, using the links below, to arrange an initial appointment discuss your case further.
