Divorce terminology explained
Wondering what on earth a conditional order? Confused about consent orders? We know that when going through a divorce or separation, the terminology can be confusing. That is why we have compiled this handy glossary to help.
Arbitration - a process in which you and your former partner appoint an arbitrator who will make a decision that will be binding upon both of you. The decision can be in relation to financial matters or some issues relating to children.
Child Maintenance - a sum of money paid by one parent to the other to meet your child’s living costs.
Child Maintenance Service - An organisation who can work out how much child maintenance should be paid and can collect payments on your behalf in some circumstances.
Collaborative law - a process in which you and your former partner each appoint a lawyer who is trained in collaborative law. You and your lawyer meet with your former partner and their lawyer and try to agree arrangements in this way.
Conditional order - this is made in divorce proceedings issued since 6th April 2022. The court makes a conditional order which says that the court finds no reason why you should not be divorced. This does not end your marriage and a Final Order will need to be applied for.
Consent order - If you were married or in a civil partnership you can apply to the court for a consent order. This is a legal document which sets out the agreement you have reached in relation your finances. Parents can also apply for a consent order to set out the arrangements they have reached in relation to their children.
Decree nisi - for divorce proceedings issued prior to 6th April 2022. The court makes a conditional order which says that the court finds no reason why you should not be divorced. This does not end your marriage and a Decree Absolute will need to be applied for.
Decree absolute - for divorce proceedings issued prior to 6th April 2022. This is an order made by the court which ends your marriage.
Disclosure - a process by which you and your former partner exchange information such as your financial information to assist you in coming to an agreement about a financial separation.
Divorce application - an application made by either party or jointly for a divorce. This can be done online or by post.
Equity - when talking about the equity in a property this will typically be the value of the property less any mortgage payments, loans secured against the property etc.
Final order - for divorce proceedings issued since 6th April 2022. This is an order made by the court which ends your marriage.
Financial remedy - the name given to court proceedings which are brought to resolve financial matters between a divorcing couple.
Maintenance - a sum of money paid by a former spouse to their ex partner.
Mediation - a process in which you and your former partner try to resolve matters relating to arrangements for the children and/or arrangements in relation to finances. This is done with the assistance of a third party who will help you try to reach an agreement. This is an alternative to going through the court process.
Mediator - an independent, professionally trained third party who help you try to reach an agreement about arrangements for your children and/or finances.
Pre-nuptial agreement - an agreement made before marriage which sets out what will happen in the event you divorce.
Post-nuptial agreement - an agreement made after marriage which sets out what will happen in the event you divorce.
Separation agreement - a formal document setting out the agreement you and your former partner have reached in relation to arrangements for the children and/or financial matters.