Family law can involve unfamiliar legal language at a time when you may already be dealing with difficult personal decisions. This family law glossary explains common terms relating to relationships, separation, children and financial arrangements in plain English.
Whether you are considering divorce or separation, trying to agree arrangements for your children, or dealing with finances following the end of a relationship, understanding the terminology can help you feel more informed about your options.
Howard & Co. provides practical, straightforward advice on a wide range of family law matters across Barnsley, Penistone and the surrounding areas.
This section covers terminology you may come across when dealing with marriage, civil partnerships, cohabitation, separation, divorce, domestic abuse and agreements between couples.
| Term | Plain English meaning |
|---|---|
| Acknowledgement of Service | Confirmation that a person has received the divorce or other court application sent to them. |
| Annulment | A legal process for declaring a marriage void or voidable in certain circumstances, rather than ending it through divorce. |
| Applicant | The person who starts a court application. In a joint divorce application, the parties are usually referred to as Applicant 1 and Applicant 2. |
| Civil Partnership | A legally recognised relationship which gives civil partners many of the same legal rights and responsibilities as married couples. |
| Cohabitation | Living together as a couple without being married or in a civil partnership. |
| Cohabitation Agreement | An agreement between unmarried partners setting out how matters such as property, finances and household expenses will be dealt with during the relationship or if they separate. |
| Common-Law Marriage | A commonly used expression, but there is no general legal status of "common-law husband" or "common-law wife" in England and Wales. Living together does not automatically give couples the same rights as marriage or civil partnership. |
| Conditional Order | The stage of divorce or civil partnership dissolution at which the court confirms that there is no legal reason why the relationship cannot be formally ended. It was previously known in divorce proceedings as the decree nisi. |
| Decree Absolute | The former name for the court order that legally ended a marriage. For divorce applications issued on or after 6 April 2022, this is called the Final Order. |
| Decree Nisi | The former name for what is now called the Conditional Order in divorce proceedings started on or after 6 April 2022. |
| Dissolution | The legal process used to bring a civil partnership to an end. |
| Divorce | The legal process for ending a marriage. |
| Divorce Application | The formal application submitted to the court to begin divorce proceedings. |
| Domestic Abuse | Abusive behaviour between people aged 16 or over who are personally connected. It can include physical or sexual abuse, controlling or coercive behaviour, economic abuse, threats and psychological or emotional abuse. |
| Final Order | The court order that legally ends a marriage or civil partnership. In divorce proceedings it replaced the term decree absolute for applications issued on or after 6 April 2022. |
| Home Rights | Rights that may allow a spouse or civil partner to occupy the family home even when the property is legally owned by the other person. In some circumstances these rights can be registered against the property. |
| Injunction | A court order requiring somebody to do something or preventing them from doing something. In family law, injunctions are commonly used to provide protection from domestic abuse. |
| Irretrievable Breakdown | The legal basis for divorce in England and Wales. A divorce application contains a statement that the marriage has broken down irretrievably. |
| Joint Divorce Application | A divorce application made together by both spouses rather than by one spouse against the other. |
| Judicial Separation | A formal legal separation which allows a married couple or civil partners to remain legally married or partnered while obtaining a court-recognised separation. |
| Mediation | A process in which an independent mediator helps separating couples or family members try to reach agreement about issues such as children, finances or property without asking the court to decide. |
| Non-Court Dispute Resolution (NCDR) | Ways of resolving family disputes without a judge making the decision. This can include mediation, negotiation, collaborative law and other forms of dispute resolution. |
| Non-Molestation Order | A court order designed to protect a person or child from abuse, harassment, threats, intimidation or other prohibited behaviour by an associated person. |
| No-Fault Divorce | The divorce system introduced in England and Wales in April 2022. It allows a marriage to be ended without one spouse having to prove adultery, unreasonable behaviour or another form of fault. |
| Occupation Order | A court order regulating who can live in the family home or enter particular parts of it. It may be used where there are domestic abuse or safety concerns. |
| Postnuptial Agreement | An agreement entered into after marriage or civil partnership setting out how assets and finances should be dealt with if the relationship later ends. |
| Prenuptial Agreement | An agreement made before marriage or civil partnership setting out how assets and finances should be dealt with if the relationship ends. Prenuptial agreements are not automatically binding in the same way as a court order, but may carry significant weight when properly prepared. |
| Respondent | In a sole court application, the person responding to the application made by the applicant. |
| Separation | When a couple ends their relationship and begins living separate lives. Separation does not itself legally end a marriage or civil partnership. |
| Separation Agreement | A written agreement recording how a separating couple intends to deal with matters such as property, money, debts and other practical arrangements. |
| Service | The formal process of providing court documents to another party so they are aware of the proceedings. |
| Sole Divorce Application | A divorce application made by one spouse rather than by both spouses jointly. |
| TOLATA Claim | A claim relating to ownership or beneficial interests in property under the Trusts of Land and Appointment of Trustees Act 1996. It can be particularly relevant when unmarried couples separate and disagree about property ownership. |
| Undertaking | A formal promise given to the court to do, or not do, something. Breaching an undertaking can have serious consequences. |
For advice about divorce, separation and other relationship matters, see our Divorce & Separation service.
When parents separate, decisions may need to be made about where a child lives, how much time they spend with each parent and how important decisions about their upbringing are made. The following terms are commonly used in children and family court matters.
| Term | Plain English meaning |
|---|---|
| Adoption Order | A court order which legally transfers parental responsibility for a child to their adoptive parent or parents and creates a permanent legal parent-child relationship. |
| C100 | The court form commonly used to apply for a Child Arrangements Order, Specific Issue Order or Prohibited Steps Order under the Children Act 1989. |
| Cafcass | The Children and Family Court Advisory and Support Service. Cafcass works with children and families involved in family court proceedings and advises the court about children's welfare. |
| Child Arrangements Order | A court order setting out arrangements including where a child will live, who they will spend time with and what other contact should take place. |
| Children Act 1989 | One of the main pieces of legislation governing decisions about children in England and Wales. |
| Consent Order | An order made by the court based on arrangements the parties have agreed. Once approved by the court, the agreement becomes a court order. |
| Contact | A commonly used term describing time or communication between a child and a parent or another person. Modern Child Arrangements Orders generally refer instead to a child "spending time with" or otherwise having contact with someone. |
| Custody | An older expression still commonly used by the public to describe where children live or who cares for them. English and Welsh family courts now generally use the term Child Arrangements Order instead. |
| Enforcement | Steps taken where someone is alleged to have failed to comply with an existing court order. The court can consider why the order was not followed and what action, if any, should be taken. |
| Fact-Finding Hearing | A hearing at which the court decides whether disputed allegations, such as allegations of domestic abuse, are proved where those findings are relevant to decisions about a child. |
| Family Court Adviser | A Cafcass professional who may speak with parents and children, carry out safeguarding work and provide information or recommendations to the Family Court. |
| First Hearing Dispute Resolution Appointment (FHDRA) | An early hearing in many child arrangements cases. The court identifies the issues, considers safeguarding information and explores whether agreement can be reached or what further steps are necessary. |
| Guardian | In certain complex children proceedings, a Children's Guardian may be appointed to represent the child's interests and provide independent advice to the court. |
| Indirect Contact | Contact that does not take place face to face, such as telephone calls, video calls, letters, cards or messages. |
| Live With | The part of a Child Arrangements Order specifying with whom a child is to live. |
| Mediation Information and Assessment Meeting (MIAM) | A meeting with an authorised family mediator to learn about mediation and other ways of resolving a dispute. A MIAM is normally required before making certain family court applications unless an exemption applies. |
| Parental Responsibility | The legal rights, duties, powers and responsibilities a parent or other person has in relation to a child and their upbringing. It can include involvement in decisions about matters such as education and medical treatment. |
| Parental Responsibility Agreement | A formal agreement through which an eligible person can acquire parental responsibility where the legal requirements are met. |
| Parental Responsibility Order | A court order granting parental responsibility to an eligible person. |
| Permission to Apply | Also known as "leave". Some people who do not automatically have the right to make a particular children application must first obtain the court's permission. |
| Prohibited Steps Order | A court order preventing a particular step concerning a child from being taken without the court's permission. It may relate, for example, to removing a child from the country or making a significant decision about their upbringing. |
| Relocation | The proposed move of a child to another part of the UK or another country. Disputes can arise where the move would significantly affect the child's relationship with the other parent. |
| Residence | An older term referring to where a child lives. Residence Orders were replaced by Child Arrangements Orders, although people still commonly use the term. |
| Rule 16.4 | A provision allowing a child to be made a party to certain particularly complex private family law proceedings. A Children's Guardian will normally be appointed to represent the child's interests. |
| Safeguarding Letter | A report prepared by Cafcass for the Family Court containing initial safeguarding information and identifying any concerns relevant to a child arrangements case. |
| Section 7 Report | A report ordered by the Family Court and usually prepared by Cafcass or a local authority. It considers the circumstances of the child and provides information and recommendations to help the court make decisions about their welfare. |
| Section 8 Order | A general term covering Child Arrangements Orders, Specific Issue Orders and Prohibited Steps Orders made under the Children Act 1989. |
| Special Guardianship Order | A court order appointing someone as a child's special guardian. It gives them enhanced parental responsibility while preserving the child's legal relationship with their birth parents. |
| Specific Issue Order | A court order deciding a particular question about a child's upbringing, such as which school they should attend or another specific issue on which those with parental responsibility cannot agree. |
| Spend Time With | The wording commonly used in a Child Arrangements Order to describe the time a child spends with a parent or another person. |
| Supervised Contact | Contact between a child and another person which takes place in the presence of an appropriate third party or professional where supervision is considered necessary. |
| Welfare Checklist | Factors set out in the Children Act 1989 that the court considers when deciding what is in a child's welfare interests. These include matters such as the child's needs, wishes and feelings, age, background and the likely effect of changes in circumstances. |
| Welfare of the Child | The child's wellbeing and best interests. When a court determines certain questions about a child's upbringing, the child's welfare is its paramount consideration. |
For advice about where a child should live, time with parents, parental responsibility or other disputes concerning children, see our Children & Child Arrangements service.
Separating finances after the end of a marriage or civil partnership can involve property, pensions, savings, income, businesses and ongoing financial support. These are some of the terms you may encounter when discussing a financial settlement.
| Term | Plain English meaning |
|---|---|
| Asset | Something of financial value, such as property, savings, investments, pensions, vehicles or business interests. |
| Business Assets | A person's ownership or financial interest in a business. Business interests may need to be disclosed and valued when financial arrangements are being considered. |
| Child Maintenance | Regular financial support paid towards the costs of raising a child. Many child maintenance arrangements fall within the Child Maintenance Service, although the court has powers in certain circumstances. |
| Child Maintenance Service (CMS) | The government service responsible for calculating and, where required, collecting child maintenance in cases that fall within its jurisdiction. |
| Clean Break | A financial arrangement which brings financial claims between former spouses or civil partners to an end, either immediately or at a specified point, so that future claims cannot generally be brought between them. |
| Consent Order | A court order recording an agreed financial settlement. Once approved by the court it makes the financial agreement legally binding. |
| Costs Order | An order requiring one party to pay some or all of another party's legal costs. Costs are dealt with differently in family proceedings from many other types of court case and are not automatically awarded to the successful party. |
| Debt / Liability | Money that is owed, such as mortgages, loans, credit cards or tax liabilities. Debts may need to be considered alongside assets when assessing the overall financial position. |
| Financial Disclosure | The process of providing information and documents showing your financial position, including income, property, savings, investments, pensions, debts and business interests. |
| Financial Dispute Resolution Hearing (FDR) | A court hearing intended to help separating couples reach a financial settlement. A judge considers the available information and may give an indication about how the case could be resolved, but does not normally impose the final settlement at this hearing. |
| Financial Order | A court order dealing with financial matters following divorce or dissolution. It can cover matters such as property, lump sums, pensions and maintenance. |
| Financial Remedy | The general term used for court proceedings dealing with financial claims arising from divorce or the dissolution of a civil partnership. |
| Final Hearing | The hearing at which a judge determines the financial outcome if the parties have been unable to reach an agreement. |
| First Appointment | An early court hearing in financial remedy proceedings at which the court considers the issues, disclosure and what further information or evidence is required before the case can progress. |
| Form A | The court form used to start an application for certain financial orders following divorce or dissolution. |
| Form D81 | A statement of information provided to the court when asking it to approve a financial consent order. It gives the court information about both parties' financial circumstances. |
| Form E | A detailed financial statement used in financial remedy proceedings. It requires information and supporting documents relating to income, property, savings, pensions, debts and other financial circumstances. |
| Full and Frank Disclosure | The requirement for parties to provide complete and accurate information about their financial circumstances rather than hiding or withholding relevant assets, income or liabilities. |
| Interim Maintenance | Temporary financial support that may be ordered while divorce or financial proceedings are ongoing and before a final financial settlement is reached. |
| Lump Sum Order | A court order requiring one person to pay a specified amount of money to the other, either as one payment or, in some circumstances, by instalments. |
| Matrimonial Assets | A term commonly used for assets connected with the marriage, often including property, savings and other wealth acquired during the relationship. How assets are treated depends on the circumstances of the individual case. |
| Mesher Order | An order postponing the sale of the family home until a specified future event, often connected with the needs of dependent children. |
| Non-Matrimonial Assets | Assets that may originate outside the marriage, such as certain property owned before marriage, inheritances or gifts. Whether and to what extent these assets are taken into account depends on the circumstances, including the parties' needs. |
| Open Offer | A formal settlement proposal which can be shown to the court, including when the court considers the parties' positions and, where relevant, legal costs. |
| Order for Sale | A court order requiring a property to be sold, often together with directions about how the proceeds are to be divided. |
| Pension Attachment Order | An order directing part of a person's pension benefits to be paid to their former spouse or civil partner when those benefits become payable. |
| Pension Sharing Order | A court order dividing pension rights between spouses or civil partners. A percentage of one person's pension is transferred to create pension benefits for the other person. |
| Periodical Payments | Regular payments ordered by the court. In financial proceedings between spouses or civil partners these are commonly referred to as spousal maintenance. |
| Property Adjustment Order | A court order changing rights in property, for example by transferring a home or a share of it from one spouse or civil partner to the other. |
| Schedule 1 Children Act 1989 | Legal provisions that allow certain financial applications to be made for the benefit of a child. Depending on the circumstances, orders can include lump sums, property provision and other forms of financial support. |
| Section 25 Factors | The factors the court considers when deciding financial claims following divorce under section 25 of the Matrimonial Causes Act 1973. They include matters such as income and resources, financial needs, age, length of the marriage, standard of living, contributions, disabilities and responsibilities towards children. |
| Spousal Maintenance | Regular payments from one former spouse to the other to provide financial support following separation or divorce. The amount and duration depend on the circumstances. |
| Transfer of Property | The transfer of ownership of a property, or a share in it, from one person to another as part of a financial settlement. |
| Variation | An application asking the court to change certain existing financial orders because circumstances have changed. Not every type of financial order can be varied. |
| Without Prejudice | A term commonly used for genuine settlement negotiations that generally cannot be shown to the judge deciding the case until the appropriate stage of proceedings. |
For advice about property, pensions, maintenance, savings, businesses or other financial matters following the end of a relationship, see our Financial Provision service.
Family law matters are rarely one-size-fits-all. The rights and options available to you will depend on your relationship, your family circumstances and, where finances are involved, your individual financial position.
Howard & Co. has been helping individuals and families since 1976. Our family law solicitors provide clear, practical advice and will explain your options in plain English, whether you need help with a relationship breakdown, arrangements for your children or financial provision.
Call us on 01226 215 215 or email law@howardandco.co.uk to discuss your situation.
This glossary provides general information about family law in England and Wales and should not be treated as legal advice. Family law is fact-specific and the law and court procedure can change. Please seek advice about your individual circumstances.
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