Family court terms, explained

The idea that matrimonial assets should be split equally between the parties. The 'yardstick of equality' — from the landmark case White v White [2001] — says equal division should be the starting point, and the court should only depart from it if there's good reason. In practice, a true 50/50 split is rare, for several reasons. First, needs comes first: the court's overriding aim is to meet the housing and income needs of both parties (and any children), and if one party needs more to rehouse themselves — especially a parent caring for children — the division shifts toward them. Second, not all assets are 'matrimonial' (built up during the marriage): wealth one party brought into the marriage, or inherited or received as a gift, may be kept largely by that party, particularly in shorter marriages. Third, the court weighs each party's earning capacity, contributions (financial and non-financial), and the other section 25 factors, which often justify an unequal split. So while 50/50 is the starting check, the actual outcome is usually weighted — often 60/40 or 70/30 — to reflect needs and fairness rather than a straight equal split.

A streamlined process allowing the court to approve a consent order and give directions at the First Appointment stage without the parties attending — the judge considers the papers (Forms E, First Appointment documents, and a draft agreed directions order) as a 'paper exercise'. If satisfied, the court vacates the First Appointment hearing and lists the case for an FDR.

The Act that sets out the legal aid scheme in England and Wales, including when a legally aided party can be ordered to pay another party's costs (only where reasonable, and subject to the statutory charge). Section 11 is often referenced in costs orders against publicly funded parties.

A court form the respondent completes to confirm they've received a divorce or dissolution application. It's also where they say whether they intend to defend the application.

A party who represents themselves in court proceedings without a solicitor or barrister — also described as a 'litigant in person'. The order records whether each party acts in person or is represented by solicitors or counsel.

A professional who specialises in calculating the value of financial risks and future payments — in family law, most often the value of pensions, especially defined benefit (final salary) schemes. An actuary can prepare a PODE (Pension on Divorce Expert) report to help the court divide pensions fairly. The court must give permission to rely on an actuary's expert evidence, and will only do so where it's reasonably necessary to resolve the case.

A concept in financial remedy proceedings where the court notionally 'adds back' to one party's side of the balance sheet assets that they've already spent or dissipated, so they don't benefit from having reduced the matrimonial pot. It's the practical counterpart to the duty of full and frank disclosure: if one party has recklessly dissipated assets — through gambling, excessive spending, or transferring money away — the court can add the dissipated value back to that party's column, so the other party isn't disadvantaged by the loss. Add back is not automatic; the court has a discretion, and the bar is high — similar to the 'conduct' factor, it has to be inequitable to disregard the dissipation. Ordinary spending, even spending the other party disapproves of, usually isn't enough; the spending has to be reckless, in bad faith, or in breach of the duty of disclosure. Add back is distinct from 'notional capital' (where the court treats an asset the party could reasonably acquire as if they already had it). The leading guidance comes from cases such as Vaughan v Vaughan and Norris. Where add back is argued, the party claiming it must show, with evidence, what was spent, when, and why it should be added back.

A postponement of a court hearing or step in proceedings to a later date. Unlike a stay (which pauses proceedings while something else happens), an adjournment simply moves the matter forward — for example, adjourning a hearing to allow arbitration to take place, or to allow a party more time to prepare.

A decision to postpone a hearing or step in the case to a later date. Hearings may be adjourned to allow time for evidence, negotiation, or further preparation.

A court decision not to finalise (dismiss) a party's claims for lump sums or property adjustment straight away, but to keep them open ('adjourned generally') so they can be brought back if circumstances change — for example, if further child maintenance becomes payable. If not restored by a set date, the claims are dismissed.

An order that transfers parental responsibility from birth parents to adoptive parents and ends the legal ties between the child and the birth parents.

Conclusions the court draws against a party who has failed to do something they were required to do — most often failing to give full and frank disclosure of their finances. In financial remedy proceedings, if a party won't explain where money has gone, won't produce bank statements, or is evasive or obstructive about their assets, the court can draw 'adverse inferences' — that is, infer that the missing information would have been damaging to that party's case, and treat the undisclosed assets as if they exist and belong to that party. This is the practical enforcement of the duty of disclosure: you can't keep your finances hidden and then benefit from the gap. The leading guidance comes from cases such as Vaughan v Vaughan and the Supreme Court in Sharland and Sharland-related reasoning. Where adverse inferences are drawn, the court can add the inferred value to that party's side of the balance sheet (sometimes alongside an 'add back' of dissipated assets). Adverse inferences are a serious step — the court won't draw them lightly, and will usually give the party a chance to provide the missing information first — but where a party remains obstructive, inferences are a powerful tool to stop non-disclosure from defeating a fair outcome.

A written statement of facts sworn or affirmed to be true, usually signed in front of a solicitor. It's a formal form of evidence, distinct from a witness statement.

A claim made against someone in a case — for example, an allegation of harmful behaviour. Allegations may need to be proved at a fact-finding hearing.

The process by which a judge decides which level of judge or which court should deal with a case or application, and sets the initial directions. In arbitration cases, the initial gatekeepers order allocates the application to a specific judge (for example, a circuit judge or a designated family judge) to be considered on the papers or at a hearing.

The old name for the financial orders a court could make on divorce. It's now called 'financial remedies', but you may still see the term in older documents.

A challenge to a court decision, asking a higher court to change or set aside the judgment or order. In family proceedings an appeal is not a re-hearing — the appeal court looks at whether the first court made an error of law, misapplied the law to the facts, or reached a decision that was plainly wrong. Permission to appeal is usually required. An appeal is distinct from a variation (which changes an order because circumstances have changed) and from the slip rule (which only corrects a clerical mistake).

A challenge to a court decision, asking a higher court to change or set aside the judgment or order. In family proceedings an appeal is not a re-hearing — the appeal court looks at whether the first court made an error of law, misapplied the law to the facts, or reached a decision that was plainly wrong. Permission to appeal is usually required. An appeal is distinct from a variation (which changes an order because circumstances have changed) and from the slip rule (which only corrects a clerical mistake).

The person who starts a court application. In family court, the applicant is the one asking the court to make an order — for example, applying for a child arrangements order or a financial remedy.

The final decision made by an arbitrator at the end of an arbitration, which resolves the issues the parties agreed to refer. In family cases, the award is not automatically a court order — either party can ask the court to make an order in the terms of the award (or an agreed variation) to give it legal effect. An award can be challenged in limited circumstances, for example serious irregularity or a question of law.

A private form of dispute resolution where a jointly appointed arbitrator makes a binding decision, like a 'private court'. It can be quicker and more flexible than court.

A form of alternative dispute resolution in which the parties agree to have their dispute decided by an independent arbitrator rather than by the court. In family financial cases, arbitration is often run under the scheme of the Institute of Family Law Arbitrators (IFLA). The parties sign an arbitration agreement (Form ARB1FS), and the arbitrator's decision (the 'award') can be made into a court order to give it legal effect. The court can stay its own proceedings to allow arbitration to take place.

The Act that governs arbitration in England and Wales. In family cases, key sections include section 9 (the court's power to stay proceedings for arbitration), section 42 (court enforcement of an arbitrator's peremptory order), and section 43 (court orders to secure the attendance of witnesses before an arbitrator).

The decision made by an arbitrator after considering a dispute referred to arbitration under a scheme such as the IFLA financial scheme. In family finance cases, the parties usually agree the award should be converted into a court order (a consent order) so it is legally binding and enforceable.

The independent person appointed by the parties to decide their dispute in arbitration. The arbitrator runs the process, sets directions (including peremptory orders requiring a party to do something), and issues a final decision called an 'award'. In family arbitration the arbitrator is often appointed under the rules of the Institute of Family Law Arbitrators (IFLA).

A statement of fact made by a party in their case — for example, in a witness statement or position statement. An assertion isn't automatically true; it has to be supported by evidence and may be disputed or tested at a hearing.

Anything of value that a party owns — property, savings, investments, pensions, vehicles, business interests, and personal possessions. In financial remedy proceedings, all assets must be disclosed (on Form E), valued, and considered by the court. The court distinguishes between matrimonial assets (built up during the marriage and subject to the sharing principle) and non-matrimonial assets (pre-acquired, inherited, or gifted). Both types are relevant: matrimonial assets are generally shared, while non-matrimonial assets may be kept largely by the owner — though they can be drawn on to meet needs, or where they've been 'matrimonialised' by being mixed into family finances.

The most common type of residential tenancy in England and Wales, giving the tenant the right to live in a property for a fixed term (usually at least six months) with a degree of security. In Schedule 1 Children Act cases, an order can require a parent to enter into an assured shorthold tenancy to provide an interim home for the other parent and children.

The Act that allows a court to order an employer to deduct money from a worker's earnings to pay a debt owed under a court order (usually maintenance). It sets out how deductions are calculated, the protected amount the worker must keep, and the duties of the employer and the worker (for example, to tell the court if they change jobs).

An order that tells a person's employer to deduct money directly from their wages and pay it to the court, which then passes it to the person owed money — usually to enforce payment of maintenance or a lump sum. It is made under the Attachment of Earnings Act 1971. The order sets a 'normal deduction rate' (how much is taken each week or month) and a 'protected rate of earnings' (the minimum the worker must be left with).

Setting the start date of maintenance payments earlier than the date of the order itself, where the court allows it — for example, to cover a period of need before the application was heard. Orders often note that the start date may include a date earlier than the order if backdating is appropriate, and may give the payer credit for payments already made.

An officer of the Family Court responsible for executing certain court orders, including bench warrants for arrest and, in some cases, warrants of committal. The Bailiff (or their deputy or a police officer acting on their authority) can arrest a person, detain them in custody, and bring them before a judge. In High Court matters the equivalent role is carried out by the Tipstaff.

The standard of proof in civil and family cases — the level of certainty the court needs to find a fact proven. A fact is proved on the balance of probabilities if the court is satisfied it is more likely than not to be true (broadly, over 50% likely). This is a lower standard than the criminal 'beyond reasonable doubt'. In family court, every finding of fact — whether abuse occurred in a fact-finding hearing, whether an asset is matrimonial or non-matrimonial, whether money was dissipated, whether a statement is true — is made on the balance of probabilities. The court doesn't need certainty; it weighs the evidence and decides which version is more likely. Once the court is satisfied a fact is more likely than not, it treats that fact as established for the rest of the case. The balance of probabilities works hand in hand with the burden of proof: the party who bears the burden must satisfy the court, on this standard, that their version is the more likely one.

A fundamental, unforeseeable change that happens shortly after a court order is made, which invalidates the basis of the order. It's one of the very limited grounds for appealing or setting aside a financial order after it's been finalised.

A lawyer who specialises in representing people in court, giving specialist advice, and drafting complex legal documents. They're often instructed through a solicitor.

Under the old divorce law (before no-fault divorce in 2022), one of the five 'facts' you had to prove to show the marriage had broken down irretrievably — that your spouse had behaved in a way you couldn't reasonably be expected to live with. Since no-fault divorce was introduced, you no longer need to cite behaviour or assign blame; you simply state the marriage has broken down. You may still see 'behaviour' in older documents or in decrees granted before 2022. Separately, 'behaviour' also comes up in financial remedy proceedings: Form E asks whether you consider that the other party's conduct should be taken into account under section 25(2)(g) of the Matrimonial Causes Act 1973. This is the 'conduct' factor — and the bar is high; ordinary behaviour, even adultery or unkindness, usually isn't enough to affect the settlement. Only serious conduct such as recklessly dissipating assets, fraud, or gross personal misconduct is likely to be taken into account.

A warrant authorising the arrest of a person who has failed to attend court when required (for example, ignoring a witness summons), so they can be brought before a judge. It is used in non-committal proceedings where the court needs to secure someone's attendance. It is executed by the Tipstaff (in the High Court) or a Bailiff of the Family Court, and the person must be brought before a judge no later than the working day after arrest.

The right to benefit from a property — to live in it, receive income from it, or a share of its sale proceeds. A person can have a beneficial interest even if they are not the legal owner named at the Land Registry. Financial orders often transfer or redefine beneficial interests.

A person who is entitled to benefit from a trust or settlement — for example, to receive income or capital from it. The court can order the trustees to confirm who the current beneficiaries are when a trust is under scrutiny in financial proceedings.

A legal standard requiring a party to take all reasonable steps they can to achieve something — stronger than 'reasonable endeavours' but not an absolute guarantee of success. Orders often require a party to use their best endeavours, for example to obtain a creditor's release from a liability or to secure medical insurance cover.

The criminal standard of proof — the court will only find a person in contempt of court if it is satisfied to this high standard that the facts constituting the contempt are true. It is a much higher bar than the balance of probabilities used in most civil family proceedings.

Assigning fault for the breakdown of the marriage. Under the old divorce law (before no-fault divorce was introduced in 2022), one spouse usually had to blame the other — by citing adultery, unreasonable behaviour, or desertion — to prove the marriage had irretrievably broken down. This often made divorce more confrontational than it needed to be. No-fault divorce removed the need to blame: you simply state that the marriage has broken down irretrievably, without accusing anyone. Blame can still appear in financial remedy proceedings through the 'conduct' factor (section 25(2)(g) of the Matrimonial Causes Act 1973), but the bar is high — ordinary behaviour, even adultery or unkindness, rarely affects the financial outcome. Only serious conduct such as fraud or recklessly dissipating assets is likely to be taken into account. So in modern family law, blame is largely a thing of the past for the divorce itself, and a limited factor in the financial settlement.

Doing something a court order forbids, or failing to do something it requires. Breaches can lead to enforcement action or, in serious cases, a finding of contempt of court.

A summary of your regular income and outgoings — what comes in and what goes out each month. In financial remedy proceedings, you'll usually set out a budget (often as part of your Form E or in a separate schedule) to show the court your monthly needs: rent or mortgage, utilities, food, transport, child-related costs, and so on. A realistic budget is important because it helps the court assess your 'needs' — one of the key principles in deciding a fair settlement — and work out whether a proposed settlement will actually let you meet your day-to-day living costs. Budgets should be honest and evidence-based; inflated or unrealistic figures can damage your credibility. The budget becomes especially important if you apply for any kind of maintenance. If you're asking the court for spousal maintenance (periodical payments) or maintenance pending suit (MPS), your budget is the document that shows the court how much you actually need to live on each month — it's the starting point for working out the level of award. The court compares your budgeted needs against your own income and the other party's ability to pay, so an honest, itemised budget (backed by bank statements, bills, and receipts) directly affects what you're awarded. The same applies if you're seeking 'top-up' child maintenance above the CMS formula rate, or arguing that the other party's budget is inflated: the court scrutinises both sides' budgets. If you're the respondent opposing a maintenance claim, you may challenge the applicant's budget — pointing out figures that are unrealistic, double-counted, or not actually incurred — and you'll also set out your own budget to show what you can afford to pay after meeting your own needs. Either way, the budget isn't a wish list: it should reflect what you genuinely spend or reasonably need to spend, and the court will test it against the evidence.

The obligation to prove a fact that's in dispute in your case. The general rule, in family court as elsewhere, is that 'he who asserts must prove' — the party who makes an allegation or asserts a fact bears the burden of proving it. So if you allege domestic abuse, you must prove it happened; if you claim an asset is non-matrimonial (inherited or pre-acquired) and so shouldn't be shared, you must prove that — Standish v Standish put the burden of proving 'matrimonialisation' on the party claiming it. If you allege the other party has hidden assets, you must produce some basis for that (though non-disclosure can then trigger adverse inferences). The burden can shift in limited circumstances — for example, once a party has shown enough to raise an issue, the other party may have to rebut it — but the starting point is always on the party making the assertion. If the party who bears the burden doesn't discharge it, the fact isn't found and the allegation fails. The standard the burden must be discharged to is the 'balance of probabilities'.

Days when the courts are open and procedural deadlines can run — Monday to Friday, excluding Saturdays, Sundays, Christmas Day, Good Friday, and bank holidays. Time limits in orders are often expressed in business days, especially for third party disclosure responses.

The main application form used to ask the court for a Section 8 order about a child — a child arrangements order, a prohibited steps order, or a specific issue order — or to vary or discharge one. It's the form that starts most private family court cases about children.

A supplemental form filed alongside the C100 (or a response) when you're making or responding to allegations of harm or domestic abuse. It tells the court about the harm and how it affects the child, so the court can make safeguarding decisions and decide what steps are needed.

An application form used in existing children proceedings — for example, to ask for leave (permission) to start proceedings, to ask for an order or direction within an ongoing case, or to be joined as a party or removed as one. It's the general 'further application' form within children cases.

An application form asking the court for an order for disclosure of a child's whereabouts — used when a child's location is being withheld and you need the court to direct that the information be given so the case can proceed.

A notice of hearing (or notice of proceedings) issued by the court, telling the parties when and where a hearing will take place. In children proceedings the court sends the C6, along with the C100 and any C1A, to Cafcass so that safeguarding checks can begin.

The acknowledgment and response form a respondent completes when they've been served with an application about a child. It's how you tell the court you've received the application, give your details, and set out your response to what's being asked for.

Form C79 is the application to enforce a child arrangements order under the Children Act 1989. Where a party breaches a child arrangements order — for example by denying contact, failing to return a child, or repeatedly not complying with the scheduled arrangements — the other party can use Form C79 to ask the court to enforce it. The court can make an enforcement order under section 34J of the Children Act 1989, which may attach conditions including unpaid work, and can also make a financial compensation order under section 34O for financial loss caused by the breach. C79 is not used to change or vary a child arrangements order — that requires Form C100. Enforcement only works against an existing order, and the applicant must show the breach is established. The court will consider whether enforcement is in the child's best interests and whether the breach was serious enough to warrant it; minor or one-off breaches may not justify enforcement, and the court may prefer to refer the parties to mediation or to vary the order instead.

A form filed to keep your contact details confidential in family proceedings — for example, your address or phone number. Once filed, those details won't be released to the other party without a court order, which is important where there are safety or domestic abuse concerns.

A statement of service — a short form confirming that a party has served particular documents on the other parties, and when and how. It's used to prove to the court that the required documents have been sent.

The Children and Family Court Advisory and Support Service. Cafcass officers (sometimes called Family Court Advisers) represent children's interests in family court cases and carry out safeguarding checks and, where ordered, Section 7 reports.

Tax on the profit (gain) made when an asset such as a property or shares is sold or transferred for more than it cost. In financial remedy cases, transfers between spouses during the marriage or up to the end of the tax year of separation are usually 'no gain/no loss' for CGT, but later transfers can create a liability. Orders can require one party to pay or indemnify the other for CGT arising from the order.

An order under Schedule 1 to the Children Act 1989 providing a home for a child (and the parent caring for them) — usually by transferring a property, settling it on trust, or paying a lump sum for housing. Once such an order is made for a child, the court cannot make another housing order against the same parent for the same child.

The body of law built up from courts' decisions in decided cases, as opposed to legislation (Acts of Parliament and statutory instruments). It's also called 'common law' or 'judge-made law'. Much of how the family court actually exercises its discretion comes from case law interpreting statutes — for example, the Matrimonial Causes Act 1973 sets out the factors the court must consider, but the three principles of needs, sharing, and compensation come from decided cases like White v White and Miller v Miller. When a judge refers to 'the authorities' or 'the case law', they mean the line of reported decisions that guide how the law is applied. Case law is reported in law reports (for example, [2024] UKSC 30) so lawyers and judges can find and cite it. Legislation can override case law, and higher-court decisions can overturn earlier ones, so the case law on a point can change over time.

A hearing where the judge manages the progress of a case rather than deciding the final outcome — for example, setting timetables, ordering disclosure of documents, or directing expert reports. In financial remedy cases it often happens at or around the First Appointment or after an FDR.

The standard measure of a pension's value for divorce purposes — the amount that would be transferred or shared if a pension sharing order were made. Also called 'CE'. It is different from the fund value or the income the pension will pay. A PODE can advise on whether to equalise CE (capital) or pension income.

The figure a pension provider gives for the value of a pension at a given date. It's the standard way pensions are valued for divorce purposes, though other valuations may be needed for final salary schemes.

A court order that places a legal charge over a debtor's property or other assets to secure a debt owed under a court order (for example, an unpaid lump sum or legal services amount). Once final, the creditor can seek to enforce it, in some cases by forcing a sale of the charged property. Interim charging orders are made first, before a final one is confirmed.

The Act under which a creditor (including someone owed money under a court order) can obtain a charging order over a debtor's property or other assets, securing the debt. In family cases, a legal services order amount can be secured as a charge on property under this Act, with a final charging order made accordingly.

An AI language model — a chatbot that generates text answers to questions in response to a prompt. Some litigants in person use ChatGPT or similar AI tools to help understand legal concepts, draft documents, or prepare for court. Safeguarding language: ChatGPT is NOT a lawyer and cannot give legal advice. It can produce text that sounds confident and authoritative but is wrong, out of date, or simply invented — a well-known problem called 'hallucination', where the system makes up cases, statutes, or rules that don't exist, or misstates the law. It doesn't know the specifics of your case, it isn't regulated, and it has no duty of care to you. Using it to get a general explanation of a concept, or to produce a first draft you then review carefully, can be helpful — but anything it generates must be checked by a qualified person before you rely on it or file it with the court. Filing a document that cites a non-existent case or misstates the law can seriously damage your case and your credibility with the judge. ChatGPT should never be your only source of legal information, and it is no substitute for advice from a regulated legal professional or a McKenzie Friend who knows your case.

In family law, a 'child' means a person under 18 — the age of majority in England and Wales. Under the Children Act 1989, the main legislation governing children cases, a child is defined as someone who has not yet reached 18. Once a person turns 18 they're treated as an adult, and most children orders (such as a child arrangements order) no longer apply to them. There are some nuances: a 16- or 17-year-old can marry or enter a civil partnership with consent, and a child under 16 may be 'Gillick competent' — mature enough to make certain decisions themselves — but for the purposes of the court's powers and children proceedings, the dividing line between child and adult is 18.

A court order setting out who a child lives with and who they spend time with. It replaced the old 'residence' and 'contact' orders and is one of the most common orders in children proceedings.

The Child Arrangements Programme (CAP) was the framework introduced under the Children and Families Act 2014 and Practice Direction 12A, governing how private law child arrangements cases are managed in family court. It introduced the FHDRA (First Hearing Dispute Resolution Appointment) as the standard first hearing, designed to identify issues early and encourage resolution. CAP remains the underlying procedural framework nationwide, but in Pathfinder and now Child Focused Courts (CFC) areas, additional reform layers sit on top of CAP — earlier CAFCASS involvement, investigative rather than adversarial case management, and a stronger child-focused emphasis. The acronym 'CAP' is sometimes confused with 'CFC' (Child Focused Courts); they are related but distinct — CAP is the national procedural rules, while CFC is a regional reform model operating within those rules.

Child Focused Courts (CFC) is the current name for the reform programme formerly known as Pathfinder. As of March 2026, CFC operates in approximately 10 court areas across England and Wales, including Wales, West Yorkshire, Birmingham/West Midlands, Hampshire & Isle of Wight, Dorset, and North Wales. Under the CFC model, cases are managed with an emphasis on early investigation — CAFCASS officers engage with families before the first hearing, safeguarding information is gathered promptly, and the court takes a problem-solving, child-centred approach rather than a traditional adversarial one. If your case is in a CFC area, the process may feel different from what older guidance describes: expect earlier contact from CAFCASS, a focus on the child's voice, and less reliance on contested fact-finding as a default first step.

Regular payments made to support a child. It's usually handled by the Child Maintenance Service rather than the courts, based on a set formula.

A child who has been treated as part of the family, whether or not they are the biological child of both parties. This includes stepchildren and any child both spouses have raised together. The term matters because financial orders for children of the family can extend beyond biological children.

The Act that governs child maintenance in the UK and established the Child Maintenance Service (CMS). It sets out how child maintenance is calculated and enforced, and gives the court limited powers to make 'top-up' orders, school fees orders, and orders for children with disabilities, on top of the CMS calculation.

The main statute governing children law in England and Wales, including child arrangements, parental responsibility and the section 8 orders (child arrangements, specific issue and prohibited steps). Most children applications are made on a C100 under this Act.

An independent person appointed by the court to represent a child's interests in children proceedings. They help the court focus on what's best for the child.

A dated timeline of the key events in your case, prepared for the court. A clear chronology helps the court (and you) follow what happened and when. In financial remedy proceedings, the ES1 (Statement of Information) now satisfies the requirement to file a chronology for the First Appointment under FPR 9.14(5) — so a separate chronology is no longer needed for FDA. Chronologies remain important in children cases and any case with a complex history of allegations.

A legal relationship available to all couples, with the same legal characteristics as marriage. Ending one follows a process similar to divorce, called dissolution.

A mechanism under the Child Support Act 1991 that allows the court to order a charge over property or a lump sum to recover money paid out under a CMS calculation or benefits, where the order was intended to cover the children's needs. The charge or lump sum becomes payable on a trigger event such as death, remarriage, or a child reaching adulthood.

A financial settlement that fully separates you and your former partner's finances, so neither of you has any ongoing financial claim against the other. A clean break can be immediate or take effect in the future.

The government body that calculates, collects, and enforces child maintenance payments — the regular payments a non-resident parent makes for their child's upbringing. It uses a set formula based on the paying parent's gross income. Most separating parents are expected to use the CMS (or arrange maintenance directly between themselves) before going to court; the family court generally doesn't deal with child maintenance unless there's a specific reason, such as 'top-up' maintenance for high earners or school fees.

A pattern of behaviour used to control, intimidate, or dominate a partner or family member — through isolation, threats, humiliation, monitoring, financial control, or regulating daily life. Since 2015 it has been a criminal offence under section 76 of the Serious Crime Act 2015. Unlike a single incident of violence, coercive control is about a course of conduct over time. It's recognised as a form of domestic abuse and is highly relevant in family court, particularly in children cases under Practice Direction 12J. Important: 'coercive control' describes a pattern of behaviour — it should not be used as a label to describe a person. In court you set out the specific behaviours and their impact (with evidence and dates), and the court decides whether they amount to coercive control. Calling the other party 'a coercive controller' adds nothing; proving the behaviours does.

Living with a partner without being married or in a civil partnership. Cohabiting couples don't have the same automatic legal rights as married couples on separation — there's no such thing as a 'common-law marriage' in England and Wales, so on breakup cohabitants generally fall back on property law (who owns what) rather than the court's divorce powers. Cohabitation also matters within divorce proceedings themselves, because the length of the marriage — which affects how the sharing principle is applied — isn't always measured from the wedding date alone. Where a couple lived together seamlessly before marrying — sharing a home, finances, and daily life as a couple — the court often treats the pre-marital cohabitation as part of one continuous relationship. So, for example, a couple who cohabited for 6 years and then married for 4 years may be treated as having a 10-year relationship for the purposes of the sharing principle, rather than a 'short marriage' of only 4 years. This can make a real difference: a longer relationship strengthens the yardstick of equality and blurs the line between matrimonial and non-matrimonial assets, because wealth built up during the cohabitation (before the marriage) is more likely to be treated as matrimonial. The key is that the cohabitation must have been a genuine, seamless prelude to the marriage — not a separate earlier relationship with a gap in between. Where there's a clear break, or the cohabitation was casual or intermittent, the court is less likely to add it to the marriage length. The point isn't a hard rule but a matter of fact and degree: the court looks at how the couple lived, whether they presented as a committed couple, whether their finances were merged, and whether the marriage was a continuation of that shared life.

A process where each party and their specially trained solicitor work together in face-to-face meetings to reach a settlement without going to court. Both parties and their solicitors sign an agreement that, if negotiations break down, the solicitors will not represent the parties in contested court proceedings — encouraging genuine commitment to settlement.

An order made under section 5 of the Debtors Act 1869 committing a respondent to prison for up to 42 days for failing to pay a sum due under a court order (such as maintenance or a lump sum), where the court is satisfied they have — or have had — the means to pay and have refused or neglected to do so. A warrant for committal is issued immediately. It is one of the oldest forms of enforcement in family cases.

Regulations governing the financial aspects of legal aid, including how the statutory charge works and when costs assessments against legally aided parties can begin. They are often referenced in delayed costs orders so that cost recovery does not start until, for example, a property is sold.

One of the three principles of fairness in financial remedy cases (alongside needs and sharing). 'Compensation' recognises a financial or relationship-generated disadvantage one party suffered — for example, giving up a career to raise children. It's the least commonly applied of the three principles.

A short, neutral document summarising the key facts and issues of the case, prepared using Template ES1. It is included in the hearing bundle to help the judge quickly understand the case at an FDR or final hearing.

A single document setting out the parties' assets, debts, and income in a comparable format, prepared using Template ES2. It gives the court a clear financial picture at a glance and is included in the hearing bundle.

A short written statement setting out a party's case on the relevant issues, ordered by the court at a directions hearing. It is 'narrative' (telling the story) and 'concise' (limited in length), and focuses on the factors the court must consider rather than repeating the whole Form E.

The first formal stage of a no-fault divorce in England and Wales (formerly 'decree nisi'). It's the court's confirmation that the legal grounds for divorce are met. The divorce is finalised later with a final order.

One of the factors the court must consider when deciding a fair financial settlement on divorce, under section 25(2)(g) of the Matrimonial Causes Act 1973. The court looks at 'the conduct of each of the parties' — but only if it would be inequitable to disregard it. This is a high bar: ordinary behaviour, even adultery or unkindness, usually isn't enough. Conduct that can matter includes gross personal misconduct, recklessly dissipating family assets (for example, gambling them away), fraud, or serious litigation misconduct. Conduct is rarely the deciding factor, but where it's serious it can shift the outcome.

Responsibility for managing and progressing the sale of a property — dealing with the estate agents, conveyancers, and buyers. An order for sale states which party (or both) has 'conduct of the sale'.

A court order that records a financial settlement you and your former partner have agreed between you. Once the court approves it, the agreement becomes legally binding and enforceable.

A court order combining two or more separate applications between the same parties into one set of proceedings, so they can be dealt with together. For example, a matrimonial finance application and a Schedule 1 Children Act application may be consolidated under one case number, with one becoming the 'lead' application.

An inflation measure used to index-link maintenance payments so they rise with the cost of living. Orders may use CPI or CPIH (which includes owner-occupiers' housing costs) to set the annual change in periodical payments.

A safe, neutral venue where a child can spend time with a parent or family member they don't live with, often used while arrangements are being agreed or assessed.

The formal application a party makes to ask the court to find another person in contempt of court — for example, because they have breached an order or an undertaking, or made a false statement in a document verified by a statement of truth. It is made on Form FC600 under Rules 37.3 and 37.4 of the Family Procedure Rules 2010. The defendant must be told their rights, including the right to legal representation and to remain silent. Contempt must be proved beyond reasonable doubt.

Behaviour that disrupts, disrespects, or interferes with proceedings while they are taking place — for example, refusing to answer questions, making threats, or creating disorder in the courtroom. It is one of the categories of contempt that can be specified in a contempt application, alongside breach of an order or undertaking.

Behaviour that undermines or disobeys court proceedings — most commonly failing to comply with a court order or an undertaking given to the court. It can lead to penalties including fines or imprisonment.

The legally binding agreement between a seller and a buyer setting out the terms of a property sale — the price, what is included, and the completion date. Orders can require a party to sign and execute the contract for sale within a set time so the sale can proceed.

The different ways each party has contributed to the marriage and family — financial, looking after the home, and caring for children. The law treats non-financial contributions as equal in value to financial ones, so a parent who stayed home isn't treated as having contributed less.

Whether a person has, or had, a document in their possession, a right to possess it, or a right to inspect or copy it. Only documents that are or were in a person's 'control' in this sense can be ordered to be disclosed.

To formally transfer legal ownership of a property from one person to another. Where a respondent refuses to sign sale documents, the court can appoint a person (often the applicant's solicitors) to convey the property on the respondent's behalf under section 50 of the Trustee Act 1925.

The legal expenses of a court case — solicitor's fees, court fees, expert fees, and related costs. In family court, each side usually pays their own costs, but the court can order one party to pay some or all of the other's costs in certain circumstances.

A court order requiring one party to pay some or all of the other party's legal costs. In family proceedings the default is that each side bears their own costs, but a costs order may be made where a party has behaved unreasonably — for example, failing to comply with orders or making unjustified allegations.

A direction that the question of who pays the costs of a particular step or hearing is left open ('reserved') to be decided later, usually at the end of the proceedings. Reserved costs are often mentioned in later costs orders so they are not forgotten.

The institution that hears and decides legal disputes. In family matters it's usually the family court (or, for some more complex cases, the High Court). 'The court' can mean the building, the judge or magistrates hearing your case, or the institution itself — the context usually makes clear which is meant.

The collection of documents filed for a hearing — your application, statements, evidence, and any previous orders — organised and indexed so the court and everyone involved can follow the case.

An interpreter arranged and paid for by the court where a party needs one for the case to proceed fairly, cannot afford one, has no public funding, and no suitable family member or friend is available. The court will arrange and fund the interpreter for the relevant hearing(s).

The specific rule in the Civil Procedure Rules 1998 under which a respondent subject to an interim third party debt order can apply for a hardship payment — asking the court to allow some of the frozen funds to be released to meet their needs while the main enforcement application is pending.

An application made by a respondent in response to the applicant's claim — for example, filing a Form A or C2 to make their own financial or children claim within the existing proceedings.

The questioning of a witness by the other party (or their lawyer) after the witness has given their own evidence — it's how you test the accuracy and truth of what a witness says. In family court it mainly happens at fact-finding and final hearings. The court can limit cross-examination, and special rules can prevent a party from cross-examining the other directly where there are domestic abuse allegations.

A word many people still use, but it's no longer a legal term in England and Wales. The old 'custody' and 'access' orders were replaced in 2014 by 'child arrangements orders', which set out who a child lives with and who they spend time with. You may still see 'custody' used informally or in older documents — and it's still the legal term in some other countries — but the court here won't make a 'custody order'.

The court form used to make a general 'application notice' in divorce, dissolution, or separation proceedings — the practical form you fill in when making a Part 18 application. You use a D11 to ask the court for almost anything between hearings: an interim order, an extension of time, to vary or set aside an order, or other directions. A court fee is payable on filing.

Form D50K is the Notice of Application for Enforcement by such method of enforcement as the court may consider appropriate, used to enforce a financial order in family proceedings. Under Family Procedure Rules 2010 Rule 33.3(2)(b), a party who is owed money under a financial order — for example unpaid maintenance, a lump sum, or a property transfer that has not been carried out — can apply to the court using Form D50K to ask the court to enforce the order by whatever method it considers appropriate. Available enforcement methods include attachment of earnings orders, charging orders over property, third-party debt orders, and in some cases appointment of a receiver or committal for contempt. The applicant must set out the amount owed, the terms of the order that have been breached, and any information about the respondent's financial circumstances. D50K is not used to change the financial order itself — that requires a variation application. If the order contains an accidental error such as a wrong figure or date, the slip rule (FPR 29.16) should be used to correct it before enforcement.

The application form used to start a divorce or dissolution (ending a civil partnership) in England and Wales. Under no-fault divorce you can apply on your own ('sole application') or together with your spouse ('joint application'). The information on the D8 — including confirmation that the marriage has broken down irretrievably — is what the court uses to decide whether to grant the divorce. Once the court issues it, the case is underway and the other party (if there is one) is served and given a chance to respond.

A form filed alongside a draft consent order that tells the court about both parties' finances, so the judge can decide whether the agreed settlement is fair. It replaced the older Form M1.

A leading case establishing that, although the court usually appoints a single joint expert, a party can in some circumstances be allowed to obtain their own expert evidence — for example, where the single joint expert's report is inadequate or a party needs a second opinion on a significant issue. Such applications are common in financial remedy cases involving property, business, or pension valuations.

A lump sum paid by an employer's pension or life insurance scheme to a nominated beneficiary if the scheme member dies while still employed. In financial remedy orders, a party can be required to nominate their former spouse or children to receive this benefit.

Money owed by one party to another. In financial remedy proceedings, debts must be disclosed on Form E and are treated as liabilities that reduce the net assets available to divide. The court distinguishes between genuine, enforceable debts (often called 'hard' debts) and those that may be 'soft' — not truly owed, not enforceable, or not realistically going to be called in. Debts incurred for the family's benefit (the mortgage, household bills, a family car) are more likely to be treated as shared liabilities; debts incurred for one party's own purposes may stay with that party. Crucially, a debt isn't accepted just because a party says it exists — it must be proven with evidence: the loan agreement, bank or credit card statements showing the borrowing and the current balance, and what the money was used for. A bare assertion of debt isn't enough; the court needs to be satisfied the liability is real, enforceable, and was incurred for the purpose claimed. Where a debt is disputed or unproven, the court can decline to treat it as a liability — or draw adverse inferences if a party is evasive about it.

The Act under which a court can order the committal to prison of a person who has the means to pay a court-ordered debt (such as maintenance) but refuses or neglects to do so. Section 5 limits the maximum term to 42 days. It is one of the enforcement methods used in family financial cases.

The final legal order that ends a marriage (now called the 'final order' under no-fault divorce). Until the decree absolute / final order is made, the parties remain legally married and cannot remarry. In financial remedy cases, some orders take effect only on decree absolute.

The provisional order showing the court is satisfied the marriage has irretrievably broken down (now called the 'conditional order' under no-fault divorce). It does not end the marriage — that happens on decree absolute / final order. Some financial steps are tied to the timing of decree nisi.

A formal legal undertaking, often used in financial remedy orders to require a party to make financial arrangements on death — for example, to continue providing for a former spouse or children after the payer's death. It can be binding on the person's executors and trustees.

A formal legal document recording the parties' agreed beneficial interests in a property, often used where one party has paid for improvements or a different share is agreed. In financial cases the court can direct the parties to enter into a deed of trust to record their shares in the net proceeds of a property.

A formal document that changes the terms of an existing trust or settlement — for example, altering beneficiaries' interests or the trustees' powers. The court can direct trustees to produce copies of the deed of trust and all subsequent deeds of variation and appointment.

A general term for postponing the sale of a property — usually the family home — until a future trigger event. Mesher and Martin orders are the two main types of deferred-sale order. It's used when the home can't be sold straight away without causing hardship (for example, where children need stability) but a full clean break isn't possible because the property has to be sold eventually to divide the assets. The trigger events and how the proceeds are split are set out in the order.

A workplace pension where the retirement income is based on your salary and how long you've been in the scheme — not on how much was paid in or how the investments performed. It's also called a 'final salary' pension. These pensions are valuable and complex, and their true worth is often more than the Cash Equivalent Transfer Value (CETV) suggests, which is why an actuarial report from a PODE is often needed to divide them fairly on divorce.

A pension where the retirement pot depends on how much has been paid in (by you and/or your employer) and how the investments have grown over time. It's also called a 'money purchase' pension — most modern workplace and personal pensions are this type. The value for divorce purposes is usually the fund value, shown as the Cash Equivalent Transfer Value (CETV). It's simpler to value than a defined benefit pension and usually doesn't need an actuarial report.

A requirement in a search order that the respondent immediately hand over listed items (documents or articles) that are in their possession or control, so they can be kept safely by the applicant's solicitors or the supervising solicitor pending the court's directions. Disputed items go to the supervising solicitor until the court resolves the dispute.

The splitting up of a business, for example by separating its assets or ownership between the parties. In financial cases involving a family company, the court can direct an expert to report on how a demerger could be carried out and the tax consequences of doing so.

A sum of money a tenant pays to a landlord at the start of a tenancy as security against damage or unpaid rent. It remains the tenant's property and must usually be repaid at the end of the tenancy, less any lawful deductions. In family orders, one parent may be required to pay the deposit to secure an interim or new home.

The court process of examining each item of a party's legal costs in detail to decide what is reasonable and proportionate, usually carried out by a costs judge or officer. Detailed assessment is used when costs cannot be agreed or are too complex for summary assessment.

A defined trigger in a property or trust order that ends one party's right to occupy a home and usually requires its sale. Common determining events include the youngest child reaching 18 or finishing education, the resident party's remarriage or long cohabitation, death, or ceasing to live in the property as their main home.

Instructions the court gives about what each party, their lawyers, or any experts must do — and by when — before the next hearing. They keep the case moving forward.

Out-of-pocket expenses a solicitor pays on behalf of a client as part of the case — for example, court fees, search fees, or expert's fees. Disbursements are separate from the solicitor's own charges for their time, and are usually repaid by the client. They are included in costs orders (inclusive of VAT and disbursements).

Bringing an existing court order to an end. The court can discharge an order on application (often using FL403 for protective orders) if the reasons for it no longer apply.

The duty each party has to give full and honest details of their finances — bank accounts, property, pensions, income, and debts. It's a central part of financial remedy proceedings and is usually done on Form E.

The four categories a third party sorts disclosed documents into when responding to a third party disclosure order: Category A — documents in their control with no claim to withhold inspection; Category B — documents in their control but inspection is withheld (e.g. on grounds of privilege); Category C — documents that were but are no longer in their control; and Category D — documents that were never in their control.

An order requiring a government department or body — such as HMRC or a Secretary of State — to disclose information (for example, a person's current or last known address) to the court or the applicant's solicitor. It is used where a financial order cannot be enforced or an application cannot be served because the other party cannot be traced. Made under Family Procedure Rules Practice Directions 6C and 29C and/or the High Court's inherent jurisdiction.

The legal end of a civil partnership — the equivalent of divorce for civil partners.

Physical, sexual, or threatening behaviour, or controlling, coercive, economic, or psychological abuse. A single incident counts as abuse and can be relevant to many family court decisions.

Provisions in the Domestic Abuse Act 2021 that prohibit alleged perpetrators of abuse from personally cross-examining alleged victims in family proceedings (and vice versa) in certain circumstances. Where cross-examination is prohibited, the court appoints a qualified legal representative to conduct it instead, funded by the court where necessary.

An older term for what's now called 'domestic abuse'. 'Violence' suggests physical harm, but the modern, broader term — used in the Domestic Abuse Act 2021 and across the family court — is 'domestic abuse', which includes controlling, coercive, economic, and psychological abuse as well as physical and sexual violence. You may still see 'domestic violence' in older documents, in the names of some organisations and charities, or used informally in conversation; in court proceedings the broader definition of domestic abuse applies. See the separate entry for 'Domestic Abuse' for the full definition.

A later hearing in private law children proceedings, usually held after evidence has been gathered — for example, after a Section 7 report or a fact-finding hearing. Its purpose is to narrow the remaining issues and encourage agreement before a final hearing.

A draft order setting out the steps (directions) the parties agree the court should make to move the case forward — for example, timetables for disclosure, expert reports, and witness statements. When the court is satisfied it contains appropriate directions, it can be approved without a attended hearing under the accelerated procedure.

A document attached to a court application setting out the exact wording of the order you're asking the court to make if your application succeeds. It is NOT an order of the court yet — it's your proposed order, written in the form the judge could seal and hand down if they agree with your application. The purpose is twofold: it tells the court precisely what relief you're seeking (so the judge doesn't have to guess), and it ensures that, if granted, the order is properly framed and ready to be made without further drafting. Under the Family Procedure Rules and Practice Direction 5A, a draft order must accompany certain applications — most commonly without-notice (ex parte) applications, but also any application where a specific, defined order is sought rather than a general direction. A well-prepared draft order sets out: the title and case number; the parties' names; the orders or directions sought, clearly and in numbered paragraphs; any recitals (short background statements beginning 'Upon reading…' or 'It is recorded that…', which give context but aren't operative); and the date. The applicant files the draft order alongside the application notice. At the hearing the court may make the order as drafted, amend it, or refuse it — and if it's made, the court office 'seals' it and it becomes the binding court order. Getting the draft order right matters: a vague or poorly framed draft can delay the hearing or result in an order that doesn't actually do what you needed, so litigants in person often ask a McKenzie Friend or solicitor to check the wording before filing.

A way of accessing a pension pot — taking money out of it (as income or lump sums) while leaving the rest invested, rather than using the whole pot to buy an annuity. It's also called 'income drawdown' or 'flexi-access drawdown'. Draw down matters in divorce for two reasons. First, valuation: a pension already in drawdown has been partly spent, so its Cash Equivalent Transfer Value (CETV) reflects a reduced pot, and the court needs the current CETV to value what's actually left to divide. Second, pension sharing: where a pension is in drawdown, a pension sharing order can still split the remaining fund, but the mechanics are more complex and the pension provider's rules (and any guarantees already given up) must be checked. Draw down is also relevant to income and needs: if one party is already drawing down a pension for income, that affects the income picture the court uses to assess needs and maintenance. A PODE (Pension on Divorce Expert) report is often needed where a pension in drawdown is significant.

A fee a mortgage lender charges if you pay off some or all of your mortgage during a fixed or discounted rate period — for example, by switching to a new lender, selling the property, or making a large overpayment above your allowance. The charge is usually a percentage of the amount you're repaying, and it can run into thousands of pounds. ERCs matter in divorce settlements because they reduce the net proceeds if the family home is redeemed or transferred early — for instance, when one party takes over the mortgage or the property is sold to divide the equity. The court looks at the net figure (after the ERC and other selling costs), not the gross redemption figure, when valuing what's actually available to divide.

A life insurance policy that builds up a cash value over time and pays out a lump sum at a set date (maturity) or on death, whichever is earlier. Endowment policies were often linked to interest-only mortgages. In financial cases they can be transferred, surrendered, or retained until maturity.

The process of making someone comply with a court order when they haven't done so voluntarily. Enforcement can take several forms depending on the order — for example, an enforcement order, a warrant of arrest or delivery, an attachment of earnings (taking money direct from wages to pay maintenance), a charging order over property, or, in serious cases, committal for contempt. It's how the court ensures its orders are actually followed rather than ignored.

An official authorised to carry out enforcement — for example, seizing and selling goods under a warrant or writ of control or delivery. They can enter premises (using reasonable force if necessary for a warrant of control), take control of goods, sell them at auction, and apply the proceeds according to the order.

An order made when someone has breached an existing order, designed to make them comply — for example, adding conditions or imposing sanctions.

In family court, the principle of 'equality of arms' means both parties should have a fair and equal opportunity to present their case — including access to documents, time to prepare, and the ability to respond to the other side's evidence. It is especially relevant for litigants in person, who may be at a disadvantage when the other party is legally represented. The court has a duty to ensure proceedings are fair and may give directions or assistance to help balance the position between a represented and an unrepresented party.

A principle used when dividing pensions — aiming to give both parties the same level of pension income, either now or at a set age (such as 60, 65, or state pension age). A Pensions on Divorce Expert (PODE) reports on the most cost-effective way to achieve this, as an alternative to equalising the capital (Cash Equivalent) value.

A right over property that acts as security for a debt but is based in fairness rather than a registered legal charge — for example, the charge created by a charging order over a respondent's beneficial interest. The holder of an equitable charge can apply for an order for sale to realise it.

A short summary form used in financial remedy cases to set out the key figures — assets, income, and what each party is proposing. The updated ES1 and ES2 are filed at least seven days before the FDR so the judge can see the position at a glance.

A schedule giving the court a clear, structured summary of both parties' assets, income, and pensions in contested financial remedy proceedings. It's sometimes called the 'assets and income template' and has become a standard part of the financial remedies process.

Everything a person owns (and owes) at the time of their death, which is dealt with by their personal representatives. Financial remedy orders can include or exclude claims against a former spouse's estate on death, often under the Inheritance (Provision for Family and Dependants) Act 1975.

The information a party puts before the court to prove or disprove a fact. Part 22 of the Family Procedure Rules sets the framework: the court controls what evidence it needs, how it's given, and can exclude evidence even if it's technically admissible. The general rule is that at a final hearing, facts are proved by oral evidence (witnesses speaking in court), while at interim hearings they're proved by written evidence (witness statements). A witness statement stands as the witness's evidence-in-chief; hearsay is generally admissible in family proceedings, but the court can limit cross-examination and control how evidence is put before it.

An application made without telling the other party first, usually in an emergency where there is a risk of serious harm. The court can make an order immediately and lists a return date so the other party can be heard later.

A judgment given by the judge orally and immediately at the end of a hearing, rather than reserved and delivered later. Ex tempore means 'on the spur of the moment'.

The point in a property sale when the buyer and seller sign and swap contracts, making the sale legally binding. Until exchange, either side can usually withdraw; after exchange, both are committed, and pulling out can lead to financial penalties. The sale is completed (and keys handed over) on a later 'completion' date.

A court order requiring a party to sign legal documents needed to give effect to an order (for example, transfer or sale documents). If the party fails to sign by the deadline, the court can authorise a nominated person (such as a judge) to sign and execute the documents on their behalf, so the order is not frustrated by a party's refusal to cooperate.

A hearing where the court decides whether disputed allegations are true, based on the evidence. The findings then shape the rest of the case.

The property where a married couple or civil partners lived together during their relationship. In financial remedy proceedings, the family home is often the most significant asset to be divided. Also referred to as FMH (Former Matrimonial Home) once the parties have separated.

The statute that created non-molestation orders and occupation orders (Part IV) to protect people from domestic abuse and regulate who can live in the family home. Applications are made on FL401.

The procedural rulebook that governs how family court cases are run in England and Wales — what forms to file, how applications are made, how hearings work, and the deadlines that apply. The rules are divided into numbered 'Parts', and you'll often see references like 'Part 25' or 'Part 18' in court paperwork.

The first court hearing in financial remedy proceedings. The judge reviews the Form E disclosure filed by both parties, gives directions on questionnaires, valuations, and any expert evidence, and sets the timetable for the case. The ES1 (Statement of Information) and ES2 (Summary of Finances) are filed as preliminary documents — and under FPR 9.14(5), the ES1 satisfies the requirement to file a chronology and statement of issues, so neither is required separately for FDA. With both parties' agreement (and a completed Form G), the FDA can sometimes be combined with the FDR.

A reduction or waiver of court fees for people who cannot afford to pay them — available to those with small savings and investments, who receive certain benefits, or who are on a low income. Applications are made online or using form EX160. Also known as 'Help with Fees'.

The first hearing in private law children proceedings under the Children Act 1989. The court identifies the issues in dispute, considers whether agreement is possible, and gives directions for the next steps — including any safeguarding work by Cafcass. It's designed to resolve or narrow the dispute early; the court can make interim orders or direct a Section 7 report at this stage.

The two-step act that puts a document formally into your case. 'Filing' means sending the document to the court (and paying any fee) so it becomes part of the official court record. 'Serving' means sending a copy to the other party (or their solicitor) so they've received it and can respond. Many documents must be both filed and served — the court needs them, and the other side needs them too. The Family Procedure Rules set out who must file and serve what, by when, and how (post, email, or via the portal). Proof of service — often a C9 form or a statement of service — confirms the other party received the document. Missing a filing or service deadline can have serious consequences, from the document not being considered to costs or the case being struck out, so dates matter and should be diarised as soon as they're set.

The hearing at the end of a case where the court makes a final, binding decision after hearing the evidence. In financial remedy proceedings it follows the FDR if no settlement was reached; in children proceedings it's where the judge hears evidence and decides the outcome. It's distinct from interim hearings, which deal with temporary or procedural matters.

The hearing at the end of a children case where the court makes a final, binding decision about the child's arrangements — usually who the child lives with (child arrangements order, residence) and who they spend time with (contact). In children proceedings it's the hearing where the judge hears all the evidence (from the parents, any relevant witnesses, and often the Cafcass officer or the author of a Section 7 report), considers the welfare checklist in section 1 of the Children Act 1989, and decides the outcome. It's distinct from interim hearings, which deal with temporary or procedural matters (such as interim contact or directions), and from the FHDRA (First Hearing Dispute Resolution Appointment), which is an early hearing aimed at narrowing issues and encouraging agreement rather than making a final decision. A final hearing may follow a fact-finding hearing if disputed allegations of harm needed to be resolved first. It's usually the longest and most formal hearing in a children case: written evidence and position statements must be filed in advance, the parties give evidence and are cross-examined, and the judge then gives a judgment explaining the decision. The order made is final and binding (subject to appeal or later variation if circumstances change). Because it determines the child's long-term arrangements, the court encourages agreement at earlier stages wherever it's safe to do so, and a final hearing is reserved for cases where the issues genuinely can't be resolved any other way.

The hearing at the end of a financial remedy case where the court makes a final, binding decision about how the matrimonial assets should be divided. In financial remedy proceedings it follows the FDR (Financial Dispute Resolution) if no settlement was reached there — so it's the last chance for the court to decide the outcome when the parties haven't been able to agree. At the final hearing, both parties give their evidence, are cross-examined, and make their submissions (often through counsel or a McKenzie Friend), and the judge applies the statutory framework (section 25 of the Matrimonial Causes Act 1973) to decide what order to make — for example, a sale of property, a lump sum, a pension sharing order, or a clean break. It's distinct from interim hearings, which deal with temporary or procedural matters (such as maintenance pending suit or directions about disclosure), and from the FDR, which is a without-prejudice attempt to settle rather than a binding decision. A final hearing is usually longer and more formal than earlier hearings, bundles and position statements must be filed in advance, and the decision is final and enforceable (subject to appeal). Because it's the end of the line, it's also the most expensive stage — which is why the court strongly encourages settlement at the FDR and earlier, and why many litigants in person invest most of their preparation effort here.

The order that legally ends a marriage or civil partnership in England and Wales (formerly 'decree absolute'). Until the final order is made, you remain legally married.

A hearing in financial remedy proceedings where the judge helps both parties negotiate a settlement. It's 'without prejudice' — what's said there can't usually be used against you later if the case continues.

A court order dealing with finances on divorce or dissolution — including sale of property, transfer of assets, lump sums, pension sharing, and ongoing support. The overall process is called 'financial remedy proceedings'.

A term used to describe a party who has limited financial resources, low earning capacity, or little control over money — often because of the relationship dynamic, for example where one partner controlled all the finances. It's relevant in financial remedy cases because the court's first principle is meeting needs, and a financially vulnerable party may need a larger share of the assets to rehouse and support themselves. It can also be linked to domestic abuse: economic abuse (controlling someone's access to money) is a recognised form of abuse that can create financial vulnerability. Like other descriptive terms, it should be supported by evidence of the person's actual circumstances — their income, savings, earning capacity, and how finances were managed during the marriage — rather than used as a bare label.

The court's formal findings that a party has not done what a previous order required — for example, failing to file a Form E or pay a lump sum by the set date. Findings of breach are recorded before the court decides what enforcement steps to take.

A financial penalty imposed on a person found in contempt of court, payable to HM Paymaster General (rather than to the other party). It is one of the penalties available to the court alongside committal to prison and sequestration of assets.

The first court hearing in financial remedy proceedings. The judge reviews what's been filed and gives directions on disclosure, valuations, and next steps.

The application form used to apply for a non-molestation order and/or an occupation order under Part 4 of the Family Law Act 1996. You can apply for one order or both on the same form. A non-molestation order protects you or a child from abuse, harassment, or being threatened; an occupation order decides who can live in, or return to, the family home. The application must be supported by a witness statement (the 'statement in support') giving the facts and the harm relied on. There's no court fee for applying, and the application can be made 'without notice' (urgently, without telling the other party) where the situation demands it — for example, where there's a risk of harm. Once the court issues it, the respondent is served and given a chance to respond at a hearing.

The form used to ask the court to change (vary), extend, or cancel (discharge) an existing order made under Part 4 of the Family Law Act 1996 — most commonly a non-molestation or occupation order. You might use FL403 if circumstances have changed since the order was made, if you need the order to last longer, or if you want the order set aside. Either the applicant or the respondent can apply. The court will list a hearing so both sides can be heard before deciding whether to vary, extend, or discharge the order.

The standard form of the non-molestation order itself, issued by the court after an FL401 application, setting out what the respondent must not do. Breach is a criminal offence.

A family of court forms, all beginning 'FL40', used for applications and orders under Part 4 of the Family Law Act 1996 — the part of the law that deals with non-molestation orders and occupation orders (the main protective orders in family court). The key forms in the series are: FL401 — the application for a non-molestation and/or occupation order; FL403 — application to vary, extend, or discharge such an order; FL404 — an order or direction made by the court; FL405 — the record of the hearing; and FL406 — a power of arrest attached to an order (with FL406A its variant). The 'FL' simply stands for 'Family Law' (the 1996 Act), and the '40' series is reserved for the Part 4 protective-order forms. If you're applying for or responding to a non-molestation or occupation order, you'll almost always be dealing with one or more of these FL40x forms.

The form a mediator signs to confirm you attended a MIAM or qualify for an exemption, so you can issue court proceedings. Required before filing a Form A or C100 unless you are exempt.

A form filed in contested financial remedy proceedings explaining what non-court dispute resolution (NCDR) you've tried — mediation, arbitration, or negotiation — or why you haven't. The court uses it to decide whether to direct parties toward NCDR before continuing.

The body that registers and regulates family mediators in England and Wales. An 'FMC-registered' mediator meets its professional standards, and only FMC-registered mediators can sign a MIAM certificate.

The application form used to start a financial remedy claim in divorce or dissolution. You file it even when you've already agreed everything — you tick 'by consent' and attach your draft order and D81.

The form the parties sign to agree to refer financial disputes to arbitration under the IFLA financial scheme. By signing it, the parties agree to be bound by the arbitrator's award and to convert it into a court order.

The arbitration agreement signed by the parties to start family arbitration under the IFLA scheme. It sets out the issues being referred to arbitration and is lodged with the court. The court can stay financial proceedings to allow the arbitration to take place, and later make an order giving effect to the arbitrator's award.

The court application form used in family arbitration cases to ask the court to either implement an arbitral award (make it a court order) or challenge an award. A skeleton argument and draft order are usually filed with it. The court then makes directions on the papers, including lifting any stay and allocating the case.

The standard financial statement each party completes in a financial remedy case. It sets out your assets, income, debts, and pension details, and underpins the duty of full and frank disclosure.

A financial statement form used in the family court for financial remedy applications OTHER than a financial order on divorce or dissolution. You'd use Form E1, for example, to vary an existing maintenance order or to apply for financial relief after an overseas divorce. The main form most people complete in a divorce financial remedy case is Form E; Form E1 is the version for these other, less common types of application. There's also Form E2, a shorter, simplified version used for straightforward cases with limited assets.

A shorter financial statement used in income-variation cases (for example, where the court is only being asked to change ongoing maintenance rather than divide capital). It focuses on income rather than full assets, and is typically used in Children Act Schedule 1 or variation proceedings.

A form completed by a party who is the alleged victim in a case, giving the court the information it needs to decide whether to prevent the other party from cross-examining them in person. Introduced under the Domestic Abuse Act 2021, which prohibits direct cross-examination by alleged perpetrators of abuse in certain circumstances.

A form completed by a party who is the alleged perpetrator, giving the court information to decide whether to prohibit them from cross-examining the alleged victim in person. Under the Domestic Abuse Act 2021, where direct cross-examination is prohibited the court must appoint a qualified legal representative to conduct it instead.

A form stating whether you consider the First Appointment can proceed as a Financial Dispute Resolution (FDR) hearing. It helps the court decide whether the first hearing can be used for negotiation or whether other steps are still needed first. Note: Form G is the only family form that is not available online — it is typically sent with the notice documents for the first hearing.

A court form used in financial remedy proceedings to set out the legal costs each party has incurred so far and expects to incur up to and including a hearing. It's filed before each major hearing — the First Appointment, the FDR, and the final hearing — so the court and both parties can see the cost of the case at a glance. The court uses it when deciding any question of costs and to help keep track of how the case is progressing.

The form filed at court setting out the costs a party has incurred and expects to incur in financial remedy proceedings. The court uses Form H1 information when deciding costs. Failing to file it can itself lead to directions or cost consequences.

A form sent to a pension provider asking for the information needed to value and divide a pension on divorce — for example, the Cash Equivalent (CE) value and details of benefits. The provider completes and returns it so the court and parties can make informed decisions about pension sharing or attachment.

An order for legal services funding made on a 'free-standing' basis — that is, before or outside the main financial remedy proceedings — so a party who could not otherwise afford representation can obtain legal services. Like a legal services order made within proceedings, the recipient may have to repay some or all of it when costs are considered at the end of the case. It can be secured by a charging order over property.

An order for maintenance pending suit made on a 'free-standing' basis — that is, before the main financial remedy application has been issued — to provide urgent interim financial support where one party needs it immediately. It continues until decree absolute / final order or further order, and is distinct from maintenance pending suit ordered within ongoing proceedings.

An interim court order that prevents a party from dealing with, moving, hiding, or disposing of their assets (or specified assets) until the case is resolved — also called a freezing injunction, and historically known as a Mareva injunction. In family court, a freezing order is most often used in financial remedy proceedings where one spouse is, or is about to, dissipate assets to defeat the other's claim: for example, transferring a property to a relative, emptying a bank account, or moving money offshore before a financial settlement can be reached. The order 'freezes' the assets in place so there's something left to divide when the court makes its final decision. A freezing order is an emergency, interim remedy — it's made before final hearing, usually on a without-notice (ex parte) basis where the other party isn't given warning because giving notice would let them move the assets first, and it's designed to preserve the status quo rather than decide who owns the assets. Because it's a draconian order that interferes with a party's property rights, the applicant must give full and frank disclosure of all material facts (including anything that might help the other side), must show a good arguable case on the merits, and must demonstrate that there's a real risk the assets will be dissipated if the order isn't made. The order can cover assets in England and Wales or worldwide (a 'worldwide freezing order'). It's not permanent: it lasts until a specified return date or until further order, and the other party can apply to vary or discharge it. Breach of a freezing order is contempt of court, punishable by imprisonment or a fine. It's a powerful tool for a litigant who fears their spouse is about to make off with the assets — but the court grants it sparingly and only on strong evidence, because of the serious consequences for the party whose assets are frozen.

An early case-management order made by a judge (often on the papers) to set the procedural path for a case — for example, after an arbitration award, lifting the stay of court proceedings, suspending the usual first-appointment steps, and directing how the application to implement or challenge the award should proceed.

An application asking the court to enforce an existing order where the respondent has not complied — for example, not paid a lump sum or maintenance. On receiving it, the court can issue an order requiring the respondent to complete a Form E1 (showing their finances) and attend court to answer questions, so the court can decide the best enforcement method.

A religious divorce under Jewish law. A court can order or delay the finalising of a divorce until a Get is obtained, because without it a Jewish party may be unable to remarry within their faith. The court can direct the parties to take all steps necessary to obtain a Get.

A legal test from the 1985 case Gillick v West Norfolk, used to decide whether a child under 16 is mature enough to make their own important decisions. A child is 'Gillick competent' if they have sufficient understanding and intelligence to fully grasp what's involved — including the nature, purpose, and consequences of the decision. It started in medical treatment but the principle is applied more widely. In family court, a Gillick-competent child's own views carry significant weight when the court is deciding what's in their best interests.

A single maintenance order that combines spousal maintenance and child maintenance into one total payment, rather than separating the two. The amount is reduced by anything the paying parent pays to the CMS, so the figures are not double-counted.

Physical, movable property — for example, a car, furniture, or equipment — as distinct from land or buildings. A warrant or writ of control allows an enforcement officer to take control of the respondent's goods and chattels and sell them to satisfy a judgment debt. A co-owner is entitled to their share of the proceeds.

The full amount before any deductions. Gross income is your total earnings before tax and National Insurance are taken out — the figure on your payslip before deductions. Gross assets or gross value means the total value of something before liabilities are subtracted (for example, a house worth £300,000 has a gross value of £300,000, regardless of the mortgage). The Child Maintenance Service uses gross income to calculate child maintenance. In divorce, gross figures give the starting picture, but the court usually works with net figures (after deductions) when deciding what's actually available to meet needs and divide fairly.

The written reasons a party gives for challenging an order on appeal — explaining the errors they say the judge made and why the decision should be changed. The court may grant permission to appeal on all or only some of the grounds.

A formal, commercial loan from a bank, building society, or other arm's-length lender — with proper written terms, interest, a fixed repayment schedule, and a real expectation (and mechanism) for repayment. Hard loans are generally treated as genuine liabilities on the divorce balance sheet because they're enforceable: the lender will pursue repayment, the debt must be serviced, and non-payment has real consequences (default, charges, recovery action). The contrast is with 'soft loans' from family, which may not be real obligations. The court still needs evidence of a hard loan — the agreement and up-to-date statements showing the balance — but, unlike a soft loan, its reality as an enforceable debt is seldom in doubt. The outstanding balance reduces the borrower's net assets, and the court considers who took out the loan and what it was used for when deciding how it should be borne between the parties.

An order releasing a portion of funds frozen by an interim third party debt order, where the respondent (the debtor) can show they will suffer genuine hardship without access to the money — for example, being unable to meet essential living expenses. The court makes the order under CPR 72.7 to alleviate that hardship pending the final third party debt order hearing. Costs are usually reserved to that hearing.

A situation where the two parties' accounts directly conflict and there's little or no independent evidence to confirm either version — each simply says the opposite of the other. It's common in family court, especially in fact-finding hearings where allegations of behaviour or abuse are disputed. The court can't just leave it there: it has to decide, on the balance of probabilities (which account is more likely than not), which version to accept. To do that, the judge assesses the credibility of each witness — how they come across, whether their account is consistent, whether it fits with the documentary evidence that does exist, and whether one version is inherently more plausible. The burden of proof matters too: the party making an allegation generally has to prove it, and if they can't, the allegation fails. A 'he says / she says' case isn't unwinnable, but it's harder, which is why clear, specific evidence (dates, messages, witnesses, records) is so valuable.

A formal occasion when the court considers a case or an application. Family court hearings range from short procedural hearings (such as the First Appointment or FDA, where the court gives directions) to fact-finding hearings (where disputed allegations are tested) and final hearings (where the court hears the evidence and makes a final decision). Hearings can be in person at the court building, remote (by video or telephone), or a mix of both. The court lists each hearing for a specific date and time and tells the parties in advance what to prepare — for example, a position statement, a court bundle, or updated disclosure. You must attend every hearing listed in your case unless the court tells you otherwise; failing to attend can lead to the case going ahead in your absence.

The bound (now usually electronic) set of documents the court and parties refer to during a hearing — including applications, orders, Forms E, replies, witness statements, expert reports, chronology, and schedules. It must be paginated, agreed where possible, and comply with the Family Procedure Rules guidance on e-bundles.

The government scheme (and accompanying form) that allows people on low incomes or benefits to apply for a reduction or full waiver of court fees. The application is made online at gov.uk/help-with-court-fees or using paper form EX160. If approved, an HWF reference number is provided to include on the court form.

The court's fee remission scheme, which reduces or waives court and tribunal fees if you can't afford them. Eligibility depends on your savings, income, and whether you receive certain benefits — you may get some or all of the fee paid for you. You apply using Form EX160, and you should apply at the same time as you make your court application. Help with Fees can make a real difference if you're on a low income, but it doesn't cover solicitor's fees — only the court's own fees.

A term used to describe a situation where separated parents are in persistent, intense dispute — frequent arguments, an inability to communicate, repeated court applications, or putting the child in the middle of their conflict. It's not a legal finding or a diagnosis; it describes the dynamic between the parents. In family court, high conflict matters because it can harm the child and make arrangements harder to settle, so the court may direct measures to reduce it — such as a Section 7 report, mediation or other non-court dispute resolution, or structured communication arrangements. As with other descriptive terms, the focus should be on the specific behaviours (for example, denigrating the other parent to the child, refusing to share school or medical information, or repeatedly returning to court) and their impact on the child, rather than simply labelling the parents 'high conflict'.

HM Revenue and Customs — the UK government department responsible for collecting taxes and duties and administering tax credits and some benefits. In family cases, the court can order HMRC to disclose information to help locate a party who cannot be traced, and parties must disclose tax returns and assessments as part of updating disclosure.

A notice registered at the Land Registry protecting a spouse's or civil partner's right to occupy the family home even if they are not the legal owner. The notice is usually removed once a financial order transfers the property, and orders can require cooperation to remove it.

The Institute of Family Law Arbitrators — the body that runs the leading family arbitration scheme in England and Wales. Parties who choose IFLA arbitration agree to have their family finance dispute decided by an accredited family law arbitrator under the IFLA rules, with the resulting award capable of being turned into a court order.

The financial arbitration scheme run by the Institute of Family Law Arbitrators (IFLA). It allows parties to have their financial disputes decided by a specialist family arbitrator privately, rather than by a judge in open court. The resulting award is then made into a court order.

A phrase meaning a party has failed to do what an order required by the deadline set. Orders often state what will happen 'in default of' compliance — for example, that the applicant may make a without notice application for documents to be signed by a judge on the respondent's behalf.

A more generous basis for assessing costs, where the receiving party is presumed to be entitled to all reasonably incurred costs unless they are unreasonable in amount. It is usually ordered where the paying party has behaved unreasonably. It is more favourable to the receiving party than the standard basis.

The historic, built-in power of the High Court to act in certain matters — including making orders against government departments and dealing with freezing and search orders — even where no specific statute expressly provides for it. It is often relied on alongside specific Family Procedure Rules in family cases.

Money, property, or other assets a person receives from the estate of someone who has died, usually under a will. In divorce, inheritance is treated as a 'non-matrimonial asset' — wealth that came from outside the marriage rather than being built up during it. Following Standish v Standish [2024], the sharing principle (the starting point of equal division) does NOT automatically apply to inherited assets: they're generally kept largely by the party who received them, particularly in shorter marriages. But inheritance isn't ring-fenced completely. Two things can bring it into the pot. First, needs: the court's overriding aim is to meet the housing and income needs of both parties (and any children), and if the only way to meet needs is to draw on inherited wealth, the court can do so — needs overrides the non-matrimonial character of the asset. Second, 'matrimonialisation': if inherited money or property has been mixed into family finances — used to buy or improve the family home, put into a joint account, or used for the family's benefit over time — it can be treated as having become matrimonial, though Standish narrowed this doctrine and put the burden on the party claiming the asset has been matrimonialised. Inheritance received during the marriage must still be disclosed on Form E; it isn't automatically excluded just because it's non-matrimonial. Inheritance expected in the future (not yet received) is generally not treated as a resource, because it's speculative and depends on someone else's death.

An Act allowing certain people — including a former spouse or civil partner, and sometimes a former cohabitant — to claim financial provision from a deceased person's estate if the will or intestacy rules do not make reasonable provision for them. Financial remedy orders often limit or exclude these claims as part of a clean break.

A temporary order, usually made without a hearing, placing a charge over a respondent's asset (such as a property or shares) to secure a judgment debt. It is an early step before a final charging order is made. The respondent and anyone else affected can object before the court decides whether to make the charge final.

A temporary order the court makes to deal with things until a final decision — for example an interim occupation order or interim child arrangements. It can be changed or replaced before the final hearing.

Temporary maintenance payments ordered during the proceedings, usually after maintenance pending suit ends (on decree absolute / final order) and before the final financial order is made. They are interim in nature and can be varied or replaced by the final order.

A person who is not the applicant or respondent but joins the proceedings because they have an interest in the outcome — for example, a new partner, a family member, or a third party with a claim to a property. An intervener is named in the order and can be bound by its terms.

A permission to occupy a property that cannot be withdrawn (revoked) by the owner, used in some Schedule 1 Children Act orders as an alternative to a tenancy. It allows a parent and children to live in a home rent-free on set terms, but (unlike a tenancy) does not usually create a legal interest in the property.

A court order adding a person as a party to the proceedings — for example, joining a new partner, a trustee, or a third party with an interest in a property as an additional respondent. Joined parties can then file evidence and be bound by the court's decisions.

A form of co-ownership where both owners own the whole property together, rather than holding distinct shares. The key feature is the 'right of survivorship' — if one owner dies, the other automatically becomes the sole owner, regardless of what the deceased's will says. Many married couples own their home as joint tenants. On divorce, a joint tenancy can be 'severed' to convert it into a tenancy in common, so each person has a distinct share that can be dealt with in the settlement.

A legally qualified professional who hears and decides cases in court. In the family court, most cases are heard by a judge sitting alone — either a district judge, a circuit judge, or (for the most complex cases) a High Court judge. The judge controls the hearing, decides questions of law and procedure, makes findings of fact, and gives the final decision. Unlike magistrates, a judge is legally qualified and doesn't need a legal adviser to advise on the law.

The court's formal decision after considering the evidence and submissions. In family proceedings a judgment sets out what the court has decided and the reasons for it. A judgment may be given orally in court (ex tempore) or reserved and handed down later in writing. It is distinct from the order that follows — the judgment is the court's reasoning and conclusion, while the order is the formal document that puts the decision into effect.

The court's formal decision after considering the evidence and submissions. In family proceedings a judgment sets out what the court has decided and the reasons for it. A judgment may be given orally in court (ex tempore) or reserved and handed down later in writing. It is distinct from the order that follows — the judgment is the court's reasoning and conclusion, while the order is the formal document that puts the decision into effect.

The total amount a respondent owes under a court order, including the original sum, any interest, and allowed costs. Enforcement methods (warrant of control, charging order, receiver, attachment of earnings) are all aimed at recovering the judgment debt.

The legal power and authority of a court to hear and decide a particular case. In family law, jurisdiction matters most in two situations: first, which level of court can deal with your matter (the family court, the High Court, and so on — each handles different types of case); and second — especially in international families — which country's courts can deal with your divorce, finances, or children dispute. For divorce in England and Wales, the courts have jurisdiction mainly where you or your spouse are 'habitually resident' here (broadly, where you've made your permanent home) or, in some cases, domiciled here. For children, the courts usually have jurisdiction based on the child's habitual residence. Getting jurisdiction right at the start matters because the country that deals with your case can significantly affect the outcome and the rules that apply.

A key statute governing property ownership and interests in England and Wales. In family cases it is sometimes referenced alongside the Married Women's Property Act 1882 and TOLATA where parties dispute ownership of an asset. Orders can exclude future claims under this Act as part of a clean break.

A general, everyday word for anyone qualified to give legal advice — most commonly a solicitor or barrister. It's not a protected title in England and Wales, so it can be used loosely. A McKenzie Friend is not a lawyer and cannot give legal advice or represent you in the way a lawyer can.

Someone who isn't a qualified legal professional. In family court, 'lay' describes two common roles. First, lay magistrates — volunteers who sit as judges without being lawyers, assisted by a legal adviser. Second, a 'McKenzie Friend' is a lay supporter: they can help a litigant in person but can't act as a lawyer or give legal advice in the way a solicitor does. The word 'lay' simply means 'not professionally qualified in law', so a lay person can still be highly knowledgeable through experience.

The court's permission to take a particular step — for example, to make an application, to appeal, or to bring a claim that would otherwise not be allowed. Some applications (such as those under Part III of the Matrimonial and Family Proceedings Act 1984) require the court's leave before they can proceed.

Guidance from a qualified, regulated legal professional (a solicitor or barrister) on what the law is and how it applies to your specific circumstances — as distinct from legal information (general facts about the law that anyone can give) and from McKenzie Friend support (practical and procedural help, but not legal advice). You should seek legal advice when you're not sure about a point of law, what you're entitled to, or whether you should make an application to the court. A solicitor can tell you what the law is, how it applies to your situation, what your realistic options are, what you're likely to achieve, and whether going to court is the right step — or whether negotiation, mediation, or doing nothing is better. This is different from what a McKenzie Friend can do: a McKenzie Friend can help you understand the process, draft documents, organise your evidence, and sit beside you in court, but they cannot give legal advice because they are not regulated lawyers and are not authorised to do so. Legal advice is confidential and protected by legal professional privilege (so what you tell your solicitor stays private). You can get it through full representation, through an unbundled service (paying for a single piece of advice or a specific task), or free through Legal Aid if you financially qualify. Getting advice early — even one consultation — can save significant time and money by clarifying your position before you commit to a course of action you may later regret.

A legally qualified official who sits with magistrates in the family court and advises them on the law, practice, and procedure. Because lay magistrates aren't legally qualified, the legal adviser is essential to the bench — they explain the relevant law, help structure the decision-making, and make sure the magistrates' findings and orders are legally sound. The legal adviser doesn't decide the case (that's for the magistrates), but they can also carry out certain functions themselves, such as conducting some procedural and administrative steps. They're sometimes called a 'court clerk', though that older term is now less used.

Government funding to help pay for legal advice and representation, administered by the Legal Aid Agency. In family law, legal aid is now very limited following cuts in 2013. It's still available for certain cases — mainly where there's evidence of domestic abuse or where a child is at risk of abuse — and it can cover help with mediation in some circumstances. For most private family law cases (ordinary divorce, financial remedy proceedings, and child arrangements disputes without abuse), legal aid is no longer available, which is why many people represent themselves as litigants in person. Eligibility depends on the type of case, your income and savings (means testing), and the merits of your case. If you think you might qualify — particularly if abuse is involved — it's worth checking with a legal aid solicitor or the Legal Aid Agency, because the rules are specific and the evidence requirements are strict.

The formal legal ownership of a property as registered at the Land Registry. This is distinct from the beneficial interest (the right to benefit from the property). A financial order can transfer the legal estate, the beneficial interest, or both.

A legal right to keep certain communications and documents confidential — most importantly, advice given by a lawyer to their client ('legal advice privilege') and documents prepared for the purpose of litigation ('litigation privilege'). It allows a person to withhold those documents from disclosure or a search, even under a court order, subject to limited exceptions.

An order requiring one party to pay money to the other party's legal representatives so that the receiving party can obtain legal services for the proceedings — usually because they cannot otherwise afford representation. Made under section 22ZA of the Matrimonial Causes Act 1973 (or the equivalent for civil partners). The recipient may have to repay some or all of it when costs are considered at the end of the case.

The formal document sent to an expert setting out the questions the court and parties need answered. In financial cases it is usually drafted by one party and agreed with the other, and sent to the expert (such as a valuer, accountant, or PODE) by a set date.

A confidential letter a person who sets up a trust (the settlor) writes to the trustees, giving guidance on how they would like the trust to be run and the beneficiaries provided for. It is not legally binding but trustees usually take it into account. The court can order a copy to be produced where a trust is in dispute.

A clause in a court order allowing either party to return to court later — without having to start a brand-new application — to ask for clarification, help with carrying out the order, or in some cases to vary it. It's commonly included in financial remedy orders and consent orders. It doesn't mean you can reopen the whole settlement; it's a limited right to come back to the court that made the order for specific, related issues that arise after the order is made.

An insurance policy that pays out a sum of money on the policyholder's death (and sometimes on maturity or illness). Financial orders can require a party to take out, maintain, assign, or surrender a life assurance policy to protect the other party or children.

How easily a business's value can be turned into cash — for example, whether a capital sum can be drawn out of it and, if so, the most tax-efficient way. An expert business valuation may be asked to report on liquidity, as a valuable but illiquid business may not provide funds to meet a settlement.

A party to a lawsuit — anyone who is involved in court proceedings as a claimant, applicant, defendant, or respondent. A litigant can be represented by a lawyer or can represent themselves. When someone represents themselves without a solicitor or barrister, they're specifically called a 'litigant in person'.

Someone who represents themselves in court without a solicitor or barrister. You have the right to do this, and a McKenzie Friend can support you through the process.

How a party behaves during court proceedings. In financial remedy cases, the court can take conduct into account where it would be inequitable to disregard it (Matrimonial Causes Act 1973, s.25(2)(g)) — but this is a high bar and only applies to conduct that is both serious and clearly impacts the financial outcome. Litigation conduct — such as failing to disclose assets, ignoring court orders, or dragging out proceedings unreasonably — can also lead to cost orders against the party at fault. It is distinct from the underlying conduct of the marriage, which the court generally does not consider.

A person who conducts court proceedings on behalf of a child or a protected party (an adult who lacks capacity to conduct the proceedings themselves). A litigation friend can be a parent, guardian, or another suitable adult, and must act fairly and in the best interests of the person they represent.

Inclined to take disputes to court, or to argue and pursue legal claims readily. A 'litigious person' is someone who tends to start or prolong legal proceedings rather than settle. In family court, describing someone as litigious isn't a legal finding — it's an observation about behaviour. What the court can act on is 'litigation conduct': repeated unmeritorious applications, failing to comply with orders, or pursuing the case unreasonably. That kind of conduct can be relevant to costs and to how the court manages the case. As with other descriptive labels, it's better to set out the specific behaviour (e.g. 'the applicant has made four applications in eight months, three of which were dismissed') than to simply call the other party 'litigious'.

A marriage of substantial duration — generally around 15 to 20 years or more. Again there's no fixed statutory threshold; the court looks at the real length of the relationship, including any seamless pre-marital cohabitation. In a long marriage the sharing principle applies fully: the yardstick of equality is a strong starting point, and matrimonial assets are usually divided broadly equally unless there's good reason to depart. The line between matrimonial and non-matrimonial assets becomes blurred over a long marriage — even inherited or pre-acquired wealth may be treated as having been 'matrimonialised' through being mixed into family finances and used for the family's benefit over many years, though Standish v Standish has made it harder to argue this and put the burden on the party claiming it. Needs remain central, especially where one or both parties are older, have reduced earning capacity, or have health needs, and a long marriage often produces a settlement weighted toward the weaker party's needs.

A one-off payment made as part of a financial settlement, as opposed to ongoing maintenance. A 'lump sum order' requires one party to pay the other a fixed amount — which can help buy out their share of a property, rehouse them, or provide capital to start again. It's one of the main types of financial order the court can make, alongside property transfer, pension sharing, and periodical payments. A lump sum can be a single payment or paid in instalments.

A volunteer member of the public who sits as a judge in the family court, usually as part of a bench of two or three magistrates. Magistrates don't need legal qualifications — they're 'lay' people from the community — so they're always assisted in court by a qualified legal adviser who advises them on the law, practice, and procedure. In the family court, magistrates hear a range of private and public law children cases and some financial matters. Their decisions have the same effect as a judge's, but they rely on their legal adviser to ensure those decisions rest on sound legal foundations.

Regular, ongoing payments made by one party to the other. In family law it comes in two main types: spousal maintenance (payments to a former husband, wife, or civil partner for their own support) and child maintenance (payments for a child's upbringing, usually handled by the Child Maintenance Service). Spousal maintenance is ordered by the court; child maintenance is usually dealt with by the CMS. Maintenance is also called 'periodical payments' because it's paid at regular intervals rather than as a one-off.

A temporary, interim order for one spouse to pay the other regular maintenance while a financial remedy case is still going on — before the final settlement is decided. It's designed to meet urgent day-to-day needs when one party can't support themselves during the proceedings. Often shortened to 'MPS'.

An unsecured debt incurred during the marriage for the benefit of the family — for example, a personal loan for home improvements, a family car on finance, or credit cards used for household expenses. Marital debts are generally treated as shared liabilities that reduce the matrimonial pot, in contrast to debts incurred by one party for their own purposes, which may stay with that party. Note that a mortgage is NOT a 'marital debt' in this sense — it's a secured liability tied to the property it's charged against, and it's dealt with by deducting it from the property's gross value to arrive at the net equity, rather than being treated as a shared unsecured liability reducing the pot. The crucial point is that a debt is NOT 'marital' just because it was incurred during the marriage — it must be proven. The party relying on it (whether as a liability reducing their assets, or as a shared debt that should fall on both parties) must produce evidence: the loan or credit agreement, bank or card statements showing the borrowing and the current balance, and evidence of what the money was actually used for. This is because debts reduce the assets available to divide, so the court won't accept a bare assertion — it needs to be satisfied the debt is genuine, enforceable, and was incurred for the family purpose claimed. A 'soft' loan from family that has no written terms, has never been repaid, and has never been demanded may be discounted or disregarded entirely, because it may not be a real obligation at all. The duty of full and frank disclosure underpins all of this: every debt must be disclosed on Form E, the other side can challenge it through the questionnaire process, and where a debt is unproven or a party is evasive about it, the court can decline to treat it as a liability or draw adverse inferences.

An estate agent's informal opinion of what a property might sell for, often obtained early in a case to give an indicative value. It is less formal (and cheaper) than a full valuation report from a surveyor, though the court may later direct a proper valuation if the value is disputed.

A Victorian statute that still allows married couples to assert and protect their separate property rights. In family cases it is sometimes referenced alongside the Law of Property Act 1925 and TOLATA where parties dispute ownership of an asset. Orders can exclude future claims under this Act as part of a clean break.

A type of deferred-sale order for the family home, similar to a Mesher order but with an important difference. Under a Martin order, the resident spouse has the right to remain in the property until a trigger event (such as death, remarriage, or cohabitation), but does NOT acquire a beneficial (ownership) interest in it. When the property is eventually sold, the proceeds go to the non-resident spouse (or in agreed shares), rather than being split between both parties as under a Mesher order. It's named after the case Martin v Martin.

An Act that, among other things, allows parties to a marriage or civil partnership to apply for financial provision after a foreign divorce or dissolution (under Part III). It is often referenced in financial orders alongside the Matrimonial Causes Act 1973 and Schedule 7 to the Civil Partnership Act 2004.

An asset treated as belonging to the marriage and so available to be divided between the parties on divorce. Matrimonial assets are generally those built up during the marriage — the family home, savings, pensions accrued during the marriage, and income earned during the marriage. The sharing principle (the starting point of equal division) applies to matrimonial assets. This is in contrast to non-matrimonial assets (pre-acquired wealth, inheritances, gifts), which the Standish v Standish decision confirmed are not automatically subject to the sharing principle — though they can still be taken into account where needs require it, or where they've been 'matrimonialised' through being mixed with family finances or used for the family's benefit.

The statute that governs divorce and financial relief on divorce in England and Wales, including the section 25 factors the court considers when dividing assets and the power to make a clean break.

A person who supports a litigant in person in court — providing moral support, taking notes, helping with documents, and quietly advising during proceedings. They cannot speak for you or act as your legal representative unless the court grants permission. Learn more on our McKenzie Friend page.

An assessment of a person's financial resources to decide whether they qualify for publicly funded support — for example, legal aid or fee remission. In contempt proceedings, legal aid may be available without a means test, reflecting the risk of imprisonment and the need to ensure access to justice.

A voluntary process where an independent mediator helps you and your former partner reach agreement without going to court. It's often encouraged before applying to court.

A marriage of moderate duration — roughly 5 to 15 years. As with 'short' and 'long', there's no fixed statutory line; the labels are a guide, not a rule, and the court looks at the real length of the relationship (often including pre-marital cohabitation). In a medium marriage the sharing principle applies more fully than in a short one: the yardstick of equality is a genuine starting point, and matrimonial assets (the family home, savings and pensions built up during the marriage) are generally divided between the parties, though not always equally. Needs still dominate — especially where there are children or a difference in earning capacity — and the distinction between matrimonial and non-matrimonial assets matters, though less starkly than in a short marriage. A medium marriage with children and a parent who stayed home to care for them will usually produce a needs-led, weighted division rather than a straight equal split.

A document produced at the end of family mediation recording the proposals the parties have discussed and reached agreement on — about finances, property, children, or any other issue. The mediator drafts it, and it sets out the outcome of the mediation in a clear, structured way. Crucially, an MOU is not automatically legally binding: it records what you've agreed, but it doesn't have the force of a court order. To make a financial agreement binding, it needs to be drawn up into a consent order and approved by the court. An MOU is sometimes called a 'mediation summary', and it's usually written in plain language so both parties understand what they've agreed. It's a useful record and a strong starting point, but it shouldn't be confused with a final, enforceable court order.

A short court hearing to deal with a specific point or check on progress, rather than to decide the whole case. Mention hearings are often used to update the court or sort out a narrow issue between larger hearings.

A deferred-sale order for the family home. The court orders that the property be sold later, on a specified trigger event — usually the youngest child reaching 18 or finishing full-time education, or the resident spouse's remarriage or death — rather than straight away. Until then, one party (often the parent caring for the children) remains in the home. Both parties keep a beneficial (ownership) interest, and when the property is eventually sold the proceeds are divided in agreed shares. It's named after the case Mesher v Mesher.

An initial meeting with an accredited family mediator to learn about mediation and assess whether it's suitable for your situation. You usually must attend a MIAM before applying to the family court, unless an exemption applies (for example, domestic abuse).

A loan secured against a property. In divorce settlements the mortgage on the family home is a central issue — the court can order that it be transferred, that one party take it over (with the lender's agreement), or that the property be sold to clear it. The outstanding mortgage balance is a liability that reduces the equity available to divide. A 'mortgage capacity report' is often needed to test whether one party can realistically take on a new mortgage to rehouse themselves.

A report from a qualified mortgage adviser showing how much you could borrow on your own, based on your income, outgoings, and credit. It's often needed in financial remedy cases to test whether one party can realistically rehouse themselves with a new mortgage.

A term from psychology describing a pattern of grandiosity, a need for admiration, and a lack of empathy. 'Narcissistic personality disorder' is a clinical diagnosis made by a qualified mental-health professional. Important: narcissism is NOT a legal term and is not a finding a family court can make. The court cannot diagnose anyone, and it is not qualified to. Labelling the other party 'a narcissist' carries no legal weight and can actively damage your credibility — it reads as an insult rather than evidence. What the court can do is consider specific behaviours and their impact: controlling behaviour, refusal to engage, manipulation of the children, failure to cooperate, or putting the child in the middle. Describe the behaviour and the patterns, with evidence; don't label the person.

One of the three principles the court uses to decide a fair financial settlement (alongside sharing and compensation). 'Needs' focuses on housing, income, and the ability to live independently — especially where one party has lower earning capacity or primary care of children. Needs often overrides the other two principles.

The amount left after deductions. In family court finances, 'net' figures matter because they show what's actually available. Net income is what you take home after tax, National Insurance, and other deductions — the figure used when assessing needs and maintenance. Net equity is the value of a property after the mortgage and any selling costs (including early repayment charges) are paid off. Net proceeds is what you actually receive from a sale. The court generally works with net figures because they reflect reality: a £300,000 house with a £200,000 mortgage doesn't give you £300,000 to divide, it gives you the net equity.

The current divorce process in England and Wales, introduced in 2022. It removed the need to assign blame or cite reasons like adultery — you simply state the marriage has broken down irretrievably.

Ways of resolving a dispute without going through the court process — for example, arbitration, mediation, or negotiation. Under the Family Procedure Rules, the court must consider at every stage whether non-court dispute resolution is appropriate and, if so, whether to adjourn or stay proceedings to allow it to take place.

Ways of resolving disputes without court — including mediation, arbitration, and negotiation. Courts now expect parties to consider NCDR before litigating.

A court order protecting someone from being harmed, harassed, or threatened by a partner or ex-partner. It can include a ban on contacting or coming near the person it's designed to protect.

The amount an attachment of earnings order requires the employer to deduct from the worker's earnings each week or month and send to the court. It is set by the court and is the figure actually taken, subject to the protected rate of earnings.

Formal warning or information given to a party that something is happening in the case — for example, notice of a hearing (telling you when and where to attend), notice of an application, or being 'put on notice' that a particular issue will be raised. 'Without notice' means the other party isn't told in advance, usually because of urgency or risk.

The formal document a party files to start an appeal, telling the court and the other side what order is being challenged and on what basis. It must be filed within a set time limit and is considered by the court when deciding whether to give permission to appeal.

The formal warning that must be given to a respondent at least 7 days before an enforcement officer takes control of their goods under a warrant or writ of control. The warrant or writ is then valid for 12 months from the date the notice is given.

A court order regulating who can live in the family home — for example, requiring one person to leave, or letting one person return. It's separate from ownership of the property.

A payment one party may have to make to the other for staying in a jointly owned property after the 'determining event' that was supposed to trigger its sale. It compensates the non-resident owner for being unable to realise their share while the other continues to live there.

Assets held outside the UK, such as foreign bank accounts, property abroad, or overseas investments. In financial cases the court can direct expert reports on the tax consequences of disposing, transferring, or repatriating offshore assets, and parties must disclose them.

Communications, statements, or offers made openly — not marked 'without prejudice' — so they form part of the official case record and can be shown to the court. When you have a solicitor, your case is conducted on the record: the formal letters, position statements, and open proposals your representative sends are part of the official proceedings and can be referred to later. This is the opposite of 'without prejudice' negotiations, which stay private and can't usually be put before the judge. Being 'on the record' also means your solicitor is formally acting for you in the proceedings — the court and the other side deal with them as your representative, and what they say on your behalf binds you. A litigant in person conducts their own case on the record themselves, so their own letters and statements carry the same formal weight.

An offer or proposal made 'open' — that is, not marked 'without prejudice'. Unlike without prejudice offers, an open proposal can be shown to the judge deciding the case. It's a clear, on-the-record statement of what you're willing to accept or offer to settle the dispute.

Evidence given by a witness speaking in court, under oath or affirmation, rather than in writing. Under Part 22 of the Family Procedure Rules, the general rule is that at a final hearing, facts are proved by oral evidence, while at interim hearings they're proved by written evidence (such as witness statements).

A hearing at which the parties attend in person (or by counsel) to make their arguments, as opposed to a decision made by the judge on the papers alone. Some applications for permission to appeal are dealt with on paper first, with an oral hearing only if needed.

A formal direction or decision made by a court that the parties must follow. Orders can be made by consent (when you both agree) or by the judge after a hearing.

A court order that puts a suspended committal order into effect — meaning the respondent is sent to prison — because they have breached the conditions on which the original order was suspended (for example, failing to pay the sum by the set date). The respondent keeps the right to apply to the court to clear their contempt and seek early release.

A court order requiring a property (often the family home) to be sold, usually to release capital so it can be divided between the parties. The order sets out how the sale is conducted and how the proceeds are applied — for example, paying off the mortgage, costs of sale, and then splitting the balance.

The court's final order after finding a person in contempt of court, made on Form FC603. It sets out what the defendant was found guilty of, and the penalty imposed — which can be committal to prison (immediate or suspended), a fine payable to HM Paymaster General, or sequestration of property. The defendant retains the right to appeal and the judgment is normally published online.

A decision made by a judge on the basis of the written documents alone, without an oral hearing. In arbitration-related family cases, an initial 'gatekeeper' order is often made on the papers — for example, to lift a stay, suspend the usual first-appointment procedure, and allocate the application to a judge. Also called a 'paper exercise'.

A divorce, annulment, or legal separation granted by a court in another country. Where a marriage has been dissolved overseas, a party may still apply for financial relief in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984, subject to obtaining the court's leave.

A form reporting benefits and expenses given to an employee or director (for example, a company car or private medical insurance) that are not in their salary. Parties must disclose P11Ds as part of updating disclosure, as they can reveal additional income or benefits relevant to the case.

A form an employer gives an employee each tax year showing their total pay and the income tax deducted. In financial cases, parties must disclose recent P60s as part of updating disclosure so the court has current income figures.

To number every page of the court bundle so the court and everyone involved can quickly find any document. Under Practice Direction 27A, family court bundles must be paginated using the Bates numbering system — a continuous number for each page, with documents arranged in chronological order. Pagination lets you refer to 'page 47' rather than describing a document, which makes hearings run more smoothly. E-bundles must be numbered by computer, not by hand.

A hearing or decision the judge makes by reading the documents alone, without the parties attending or making oral submissions. The accelerated first appointment procedure is commonly dealt with as a paper exercise when the parties have agreed directions.

Someone who does legal support work — drafting documents, research, correspondence, and case preparation — often under a solicitor's supervision. Many paralegals are qualified and experienced, but the title isn't fully regulated, so standards vary. A paralegal is not a solicitor and can't conduct litigation or act as an advocate in the same way.

A pattern where one parent turns a child against the other — through criticism, limiting contact, or shaping the child's view — so the child becomes reluctant or hostile toward that parent. The court takes seriously any behaviour that harms a child's relationship with a parent, though the term itself is contested and courts focus on the specific behaviours and their impact.

The legal rights and duties a parent has toward a child — including decisions about education, health, and upbringing. Married parents both have it; unmarried fathers may need to acquire it. Often abbreviated to 'PR'.

The part of the Family Procedure Rules covering proceedings relating to children — including child arrangements orders, prohibited steps and specific issue orders, and enforcement. It sets out the procedure, forms (such as the C100), and safeguards that apply to children cases.

An application under Part 18 of the Family Procedure Rules — the general route for 'other' applications within existing proceedings, such as asking for an extension of time, an interim order, or to vary or set aside an order. It's used for anything that doesn't have its own specific procedure set out elsewhere in the rules.

An application under Part 25 of the Family Procedure Rules asking the court for permission to rely on expert evidence — for example, a business valuer, a pension actuary, a psychologist, or drug or DNA testing. The court must give permission before expert evidence can be used, and will only do so where it's reasonably necessary to resolve the case.

The part of the Family Procedure Rules dealing with hearings and directions — how the court manages the case, gives instructions to parties, and sets the timetable. Directions made under Part 27 keep the case moving forward between hearings.

The part of the Family Procedure Rules that deals with starting family proceedings — how an application is issued, what it must contain, and how it is served on the other party.

The part of the Family Procedure Rules that sets out how to apply for a financial remedy in divorce or dissolution — including the Form A application, the timetable, and the steps up to and including the First Appointment and FDR.

An application for financial relief in England and Wales after a divorce or annulment that took place overseas, made under Part III of the Matrimonial and Family Proceedings Act 1984. Because the divorce happened abroad, the applicant must first obtain the court's leave (permission) to bring the claim, and must show a 'substantial ground' for doing so.

A person directly involved in a legal case — the applicant, the respondent, or anyone else who has been formally joined as a party. Each party has the right to see the documents, attend hearings, and put their case to the court. People who aren't parties are generally not involved in the proceedings and don't have those rights.

The Pathfinder programme was a pilot reform model for private family law cases, first launched in 2022 in selected court areas. It introduced an early, investigative approach — with CAFCASS officers meeting families before the first hearing, gathering information early, and focusing on the child's needs from the outset rather than waiting for disputed allegations to drive the process. In 2024–2026, the programme was expanded and renamed Child Focused Courts (CFC), rolling out to additional areas including Wales, West Yorkshire, Birmingham/West Midlands, Hampshire & Isle of Wight, Dorset, and North Wales. The term 'Pathfinder' is still widely used by practitioners and in older judgments, so both names are in circulation during the transition.

A Practice Direction that sets out what the family court must do in children cases where domestic abuse is alleged, admitted, or otherwise suspected. It applies to applications for child arrangements orders and to any case about where a child lives or about contact. Under PD12J, the court must consider at every stage — and specifically at the First Hearing Dispute Resolution Appointment (FHDRA) — whether domestic abuse is an issue, and must be satisfied that any contact ordered with a parent who has perpetrated abuse does not expose the child or the other parent to a risk of harm and is in the child's best interests. It also covers when fact-finding hearings are needed, the use of Section 7 reports, and directing parties to local domestic abuse support services. PD12J is the key procedural safeguard that ties children proceedings to the reality of domestic abuse.

A prominent warning printed on the front of a court order (or attached to an undertaking) stating that if the person disobeys the order they may be held in contempt of court and face a fine, confiscation of assets, or imprisonment. An order generally can't be enforced by committal unless it carries a penal notice, so its presence is what makes breach a matter of contempt rather than just a breach.

An order endorsed with a penal notice — that is, a court order that carries the warning making it enforceable through committal for contempt. People sometimes use 'penal order' loosely to mean the penal notice itself; strictly, it's the order that has the penal notice attached, so breach can lead to fines or imprisonment.

A retirement savings arrangement, treated in divorce as a matrimonial asset to be divided. Pensions can be shared (a 'pension sharing order', which splits the pension into two separate pots), offset against other assets (one party keeps the pension, the other gets more of the house), or, less commonly, earmarked (part of the pension income paid to the other party at retirement). The value used is usually the Cash Equivalent Transfer Value (CETV). Defined benefit (final salary) pensions often need an actuarial report from a PODE to value and divide them fairly.

A court order that directs a pension provider to pay part of the member's pension income, lump sum, or death benefits to the former spouse when the pension comes into payment. Unlike a pension sharing order, it does not create a separate pension pot and ends on the member's death or the recipient's remarriage.

A government-backed fund that compensates members of eligible defined-benefit (final salary) pension schemes when their employer becomes insolvent and the scheme cannot meet its promises. In financial remedy cases involving a pension in the PPF, the court treats the PPF compensation as the asset to be shared.

A court order that splits a pension so that one spouse receives a specified percentage of the other's pension rights, transferred into a pension arrangement in their own name. This creates a clean break and a separate pension pot for the receiving spouse. The pension provider implements the split once the order takes effect.

An order made by an arbitrator under section 41(5) of the Arbitration Act 1996 requiring a party to do something (for example, provide information or attend a meeting) by a set date. If a party fails to comply, the arbitrator or another party can apply to the court under section 42 to enforce the order — effectively turning the arbitrator's direction into a court-backed requirement.

The legal term for regular, ongoing maintenance payments — usually monthly — paid by one party to the other, as opposed to a one-off lump sum. A 'periodical payments order' is the court order that sets this up. Periodical payments can be for a spouse (spousal maintenance) or for a child (child maintenance, though that's usually via the CMS). They can be ordered for a fixed term, until a specific event (like remarriage), or for life in some cases. This is the term the court uses for what many people simply call 'maintenance'.

The court's permission needed before an appeal can proceed. The applicant must show either that the appeal has a 'real prospect of success' or that there is some other compelling reason for it to be heard. Permission can be granted on paper or after an oral hearing, and may be limited to specific grounds.

The pension provider or scheme administrator responsible for implementing a pension sharing or pension attachment order. The PRPA is the body the court and the parties deal with to put pension orders into effect.

An unsecured loan to an individual, typically from a bank, building society, or credit union, repaid in fixed instalments with interest over a set term. It's a common form of 'hard' borrowing. In divorce finances, a personal loan is a liability that must be disclosed on Form E and is generally treated as a genuine, enforceable debt. The outstanding balance reduces the borrower's net assets. The court looks at who took out the loan, when, and what it was used for: a loan taken out during the marriage for a family purpose (home improvements, a family car, household costs) is more likely to be treated as a shared or marital liability, whereas a loan for one party's personal use may stay with that party. As with any debt, the loan must be proven — the agreement and current statements showing the balance are needed, not just a bare assertion.

The people responsible for dealing with a deceased person's estate — either executors named in a will or administrators appointed where there is no will. Financial orders can bind a party's personal representatives, for example requiring them to honour a deed of covenant after death.

Formally delivering court documents to a person in a way the law recognises, so they are properly told about the proceedings or an order. Personal service (handing the documents to the person) is sometimes required; other methods include posting to their usual address. Proof of service may be needed.

The person who starts the divorce or dissolution application. Under no-fault divorce, either spouse can be the applicant, or you can apply jointly.

An actuarial expert who prepares a report on how a pension — usually a defined benefit (final salary) pension — should be valued and divided fairly on divorce. The court must give permission (under Part 25 of the Family Procedure Rules) to instruct a PODE. A PODE report is often needed where one or both parties have a defined benefit pension or a high-value pension, because the CETV alone doesn't fully reflect what the pension is really worth or how to split it fairly.

A document setting out a party's full case on a particular issue — what they claim and why. Points of claim are used where there is a discrete dispute (for example, between a party and an intervener over a property) that needs to be pleaded like a separate claim within the main proceedings.

A document setting out a party's reply to the other side's points of claim — essentially the defence. It responds to each point made and sets out the responding party's own case.

The online case-management system used by the family court (run by HMCTS) that lets documents be filed, the case file viewed, and hearings managed digitally. Full access to the professional portal has historically been available mainly to solicitors and other legal professionals — they can file applications, upload bundles, and see the whole case file online. Litigants in person have had more limited access and often have to file by post or email, or use the specific online services HMCTS is gradually rolling out for unrepresented users. The system is evolving, so what's available to a litigant in person is changing over time. If you're representing yourself, you may not be able to use the professional portal in the same way a solicitor does; instead you file through the routes the court directs for unrepresented parties, and you receive orders and correspondence by post or email rather than through the portal.

A short written summary of your position for a hearing — what you're asking for and why. It's not evidence; it's a way to help the judge quickly understand what you want and the key points.

A formal legal document by which one person authorises another to act on their behalf — for example, to deal with their assets or represent them. A freezing order can bind a respondent's officer or agent appointed by power of attorney, and affect assets they control on the respondent's instructions.

The Practice Direction governing the procedure for children cases under Part 12 of the Family Procedure Rules, including safeguarding checks by Cafcass and the FHDRA.

The Practice Direction dealing with the conduct of children proceedings, including the service of evidence, directions for fact-finding and how the case is managed toward a final hearing.

A practice direction under the Family Procedure Rules 2010 that sets out how hearing bundles must be prepared and presented to the court — including what they must contain, page limits, and formatting. It applies strictly to FDR and final hearing bundles.

The Practice Direction to the Family Procedure Rules that sets out the MIAM requirement and the circumstances in which parties are exempt from mediation before issuing proceedings.

An agreement made before marriage setting out how assets would be divided if the marriage ends. Not automatically binding in England and Wales, but courts usually uphold them if fair.

A hearing held shortly before a final hearing to check that the case is ready — confirming witnesses, evidence, bundles, and time estimates. Sometimes called a PTR. Not every case needs one.

The principle that courts follow earlier decisions in similar cases, so the law stays consistent and predictable. In England and Wales, decisions of higher courts bind lower courts — a Supreme Court ruling binds every family court, a Court of Appeal ruling binds the family court below it, and so on. This is called 'binding precedent'. Decisions of courts at the same level, or from other jurisdictions, are 'persuasive' — they can influence a judge but don't have to be followed. In family law, landmark cases such as White v White [2001] (the yardstick of equality) and Standish v Standish [2024] (sharing applies only to matrimonial assets) are precedents that shape how the court exercises its discretion. The court is also bound by legislation (Acts of Parliament), which sits above case law; where a statute sets a clear rule, the court must apply it.

A hearing to decide a specific, narrow issue separately from the main case — for example, whether a particular property is held on trust for one party. Deciding a preliminary issue first can save time and costs if it resolves or narrows the wider dispute.

A person or organisation that has a charge or mortgage over a property that ranks ahead of ('prior to') the applicant's interest. A receiver's appointment is without prejudice to the rights of prior incumbrancers, who may take possession or receive the property under their own security first.

A privately arranged version of the court's Financial Dispute Resolution (FDR) appointment. The parties jointly pay an experienced financial remedies lawyer or retired judge (the 'evaluator') to give an indication and help them negotiate, outside court. If it does not settle, the case returns to the court. The in-court FDR process is disapplied while a pFDR takes place.

A legal protection allowing a person to refuse to provide information or documents that might expose them to criminal prosecution. A respondent served with a freezing or search order is warned that they may be entitled to refuse to provide information that would incriminate them, but should take legal advice before refusing, as wrongful refusal can be contempt of court.

Relating to the rules and steps that govern how a case is run, rather than the substance of the dispute itself. Procedural matters include deadlines, which forms to file, how hearings are listed, and how evidence is served — as opposed to the actual facts and merits of the case. A 'procedural hearing' deals with how the case should progress, not with deciding the dispute.

The formal legal case itself — the whole matter from the moment an application is issued to the final order. When a case is 'in proceedings' it means it's live and ongoing before the court. You'll see phrases like 'children proceedings' or 'financial remedy proceedings' to describe the type of case involved.

The formal steps and stages a legal case goes through from start to finish — issuing an application, exchanging documents, attending hearings, and reaching a final decision. 'Process' can also mean a formal court document (such as a summons or application) that starts or moves a case forward.

A court order stopping a parent from taking a specific action in relation to a child — for example, taking the child abroad or changing their school — without the court's permission.

A short summary of a property's key details — value, mortgage balance, ownership, and any agreed or proposed division. It's commonly included in financial remedy paperwork so the court can quickly see the housing position.

The minimum amount of earnings a worker must be left with after an attachment of earnings deduction, to ensure they can meet basic living expenses. The order sets this protected rate so that deductions never reduce the worker's income below it.

A general term for court orders that protect someone from harm — most commonly non-molestation orders and occupation orders under the Family Law Act 1996. They're designed to prevent abuse, harassment, or threats and to regulate who can live in the family home.

A person given powers under a trust to oversee the trustees and intervene in certain decisions — for example, to veto appointments or remove trustees. A protector is not always appointed, but where one exists the court may ask the trustees to confirm their identity.

A public sale at which goods seized under a warrant or writ of control or delivery are sold to the highest bidder, for the best price reasonably obtainable. The respondent and any co-owner must be given notice of the date, time, and place of the auction.

The act of remedying or making good a contempt of court — for example, complying with the order that was breached, paying the sum owed, or apologising to the court. Once the contempt is purged, the court can discharge a committal order. Admitting the contempt and apologising is also recognised as a mitigating factor that may reduce the severity of the penalty.

A lawyer appointed by the court, free of charge to the parties, to conduct cross-examination in family proceedings where one party is, or is alleged to be, a perpetrator of domestic abuse. The scheme was introduced under Part 1 of the Domestic Abuse Act 2021 and changes to the Family Procedure Rules, brought into force in 2023, to put an end to the practice of perpetrators cross-examining their victims directly in court — and vice versa, so that an alleged victim doesn't have to question their alleged abuser either. Where the domestic abuse threshold is met, the court must prohibit the parties from cross-examining each other in person and must appoint a QLR to conduct the cross-examination on behalf of the party who would otherwise have done it themselves. The QLR is a legal representative drawn from a court-appointed list; their role is limited to conducting (or facilitating) the cross-examination — they are not the party's representative for the whole case, and they don't act as that party's solicitor or advocate on other issues. The scheme is designed to protect victims from the trauma and unfairness of being questioned by their abuser while preserving a fair trial for both sides: the cross-examination still happens, but it's carried out by an independent lawyer rather than by the party personally. A litigant in person who faces this situation should tell the court as early as possible that a QLR is needed, so the appointment can be arranged before the hearing.

A list of questions one party sends the other after Form E disclosure, to clarify gaps or unclear information about their finances. It's part of the financial remedy process.

The main test for giving permission to appeal: the appeal must have a genuine, realistic chance of succeeding, rather than being merely arguable or hopeful. If the appeal has no real prospect of success and there is no other compelling reason to hear it, permission is refused.

The level of force an enforcement officer may use to enter premises and take control of goods under a warrant of control, where the order permits it. It must be reasonable and proportionate, not excessive. Warrants of delivery do not usually authorise reasonable force.

A person appointed by the court to take control of a respondent's property (often a rental property or business) and collect its income — such as rent — to pay off a debt owed under a court order. The receiver accounts to the court, keeps proper accounts, and pays the sums collected (after allowed costs) to the applicant. Appointed where other enforcement methods are unlikely to work.

The introductory section of a court order that sets out the background facts and context — who was heard, what documents were considered, and why the order is being made. Recitals do not themselves contain orders, but they explain the basis on which the court is acting. They can be important if the order is later challenged or varied.

To black out or remove sensitive information from a document before it's filed or served, so that confidential details aren't seen by the other party or the court. You have a duty to redact irrelevant or sensitive material — for example, a child's address, bank account numbers, or medical information — from documents you file. Redaction is done by permanently blacking out the text so it can't be read. The C8 form is one way of keeping your contact details confidential, but where you have to file a document that contains sensitive information, you should redact the parts that shouldn't be shared.

A hearing conducted by video link rather than in a physical courtroom. The court decides the platform, and the parties must provide email addresses for participants in advance so the court can send out invitations.

The income generated by a property — for example, rent from tenants or profits from its use. When a receiver is appointed over a property, they are entitled to receive the rents and profits and apply them towards the debt, after allowed costs.

Bringing offshore assets back into the UK, or into a UK-taxable position. The court can order expert reports on the tax liabilities that would arise on repatriation of offshore assets, as this can affect how a settlement is structured.

Having a lawyer — a solicitor or barrister — act on your behalf in your case. A representative handles correspondence, prepares and files documents, advises you on the law and strategy, and speaks for you in court (advocacy). When you have representation, your lawyer is your voice in the proceedings; the court and the other party deal with them, not you directly. A litigant in person has no representation and conducts the case themselves. A McKenzie Friend is not representation: they support you, but they cannot speak for you or act as your lawyer unless the court gives special permission. The right to representation is separate from the right to a fair trial — you can represent yourself, and many people do, but legal representation can make a real difference in complex or contested cases.

A decision the judge does not give immediately at the end of the hearing but reserves to consider and deliver later, either in writing or on a fixed future date. Reserved judgments are common in complex financial remedy cases.

The person responding to a court application made by someone else. For example, if your ex applies for a child arrangements order, you're the respondent in that case.

A court order (under the Proceeds of Crime Act 2002) that freezes property suspected of being linked to criminal conduct, preventing it from being dealt with. The existence of a restraint order is checked before a final charging order is made, as it can affect whether a charge should proceed.

An entry on a property's Land Registry title that limits dealings with it — for example, requiring a particular person's consent before the property is sold or transferred. Orders can require parties to cooperate in removing restrictions to allow a sale or transfer.

A measure of inflation used to adjust (index-link) maintenance payments so they keep pace with the cost of living over time. Orders can state that periodical payments will automatically change each year by the percentage change in RPI over a set period.

The date the court sets for the next hearing after making an order without notice (ex parte), so the respondent can attend and the court can decide whether to continue, vary or discharge the order.

A bank's right to set off (offset) money it owes a customer against money the customer owes the bank — for example, using funds in an account to reduce an overdraft. A freezing order does not stop a bank from exercising a right of set off in respect of a facility it gave the respondent before being told of the order.

A legal right or duty not to allow the other side to see certain documents — most commonly legal professional privilege (communications with a lawyer) or other protected interests. Where a third party claims this right, the documents go into Category B and the court may be asked to decide whether inspection should still be provided.

A binding financial settlement reached at an advanced stage of financial remedy proceedings — usually at the FDR hearing — where the judge approves the agreed terms even though the full formal consent order hasn't yet been drafted. Named after the case Rose v Rose [2002]. Once the judge expresses approval, the parties are generally bound by the terms and can't back out or renegotiate; perfecting the agreement into a full order is then a formality. It's typically used where time is short (for example, a late-Friday hearing) and there's no chance to draft the complete order. It's more advanced and harder to resile from than an earlier, informal Xydhias agreement.

In family court children cases, safeguarding means the process of identifying and addressing any risk of harm to a child — from abuse, neglect, domestic abuse, or other sources — before the court makes decisions about the child. It's a central feature of all children proceedings, not a separate add-on. At the outset of a case, Cafcass (or CAFCASS Cymru in Wales) carries out safeguarding checks — including checks with the police and local authority for any relevant history of abuse, offending, or social services involvement — and usually contacts each party for a short safeguarding interview. The results are summarised in a safeguarding letter sent to the court before the first hearing (the FHDRA), so the judge knows about any risks from the very start. Guided by Practice Direction 12J, the court must consider at every stage whether domestic abuse is an issue, and must be satisfied that any contact or arrangements ordered do not expose the child or the other parent to a risk of harm and are in the child's best interests. Where safeguarding concerns are raised, the court may direct a Section 7 report, a fact-finding hearing to resolve disputed allegations, or other protective steps before deciding the child's long-term arrangements. Safeguarding isn't a one-off check at the start — it runs through the whole case, and the court can revisit it whenever new information emerges.

A provision allowing the court to make financial orders for the benefit of children of unmarried parents (and in some cases for children of married parents where the marriage claim is limited). Schedule 1 applications are commonly used by unmarried parents seeking child maintenance top-ups, housing provision, or lump sums for a child. They run alongside, or instead of, the Child Maintenance Service.

A document listing the points where a party says the other party's replies to a questionnaire are incomplete or inadequate — for example, missing documents or unanswered questions. It prompts the other party to provide the missing information before the next hearing.

A court order requiring one parent to pay periodical payments equivalent to a child's school, nursery, or university fees (and sometimes reasonable extras). The order usually requires payment directly to the school or bursar, with evidence of payment provided to the other parent.

A table used in family court fact-finding hearings to set out disputed allegations clearly. Each row lists a specific allegation, the response (admission, denial, and any explanation), and — after the hearing — the court's finding on that allegation. It helps the court and the parties focus on exactly what is in dispute and what needs to be decided.

An official copy of a court order bearing the court seal, which proves it is a genuine order. Sealed copies are needed to implement orders — for example, to transfer property at the Land Registry or to register a charge.

A drastic, without-notice order allowing the applicant's legal representatives (with a 'supervising solicitor') to enter the respondent's premises to search for, copy, and remove documents or items that are evidence of assets. It is used where there is a real risk that evidence may be destroyed or hidden. Strict safeguards protect the respondent's rights, including the right to take legal advice and to claim privilege.

A specific power under section 24A of the Matrimonial Causes Act 1973 allowing the court to order the sale of a property where it is reasonably required to enable a party to discharge obligations under an earlier order — for example, where a lump sum has not been paid and the property must be sold to raise the funds. The court must be satisfied the sale is reasonably necessary.

The key statutory provision the court must apply when deciding a financial settlement on divorce or dissolution in England and Wales. Section 25 of the Matrimonial Causes Act 1973 sets out the factors the court must consider — often called the 'section 25 checklist'. The court has a wide discretion, but it must consider, so far as relevant: (a) each party's income, earning capacity, property and other financial resources; (b) their financial needs, obligations and responsibilities; (c) the standard of living enjoyed by the family before the breakdown; (d) the age of each party and the duration of the marriage; (e) any physical or mental disability; (f) the contributions each party has made or is likely to make (financial, and as homemaker and parent — the law treats these as equal); (g) the conduct of each party, but only if it would be inequitable to disregard it (a high bar); and (h) the value of any benefit (such as a pension) one party will lose the chance of acquiring. The first consideration is always the welfare of any child of the family. The three principles of needs, sharing, and compensation (from case law) sit on top of this statutory checklist.

A written statement, often prepared for a financial remedy hearing, that takes the court through each of the section 25 factors in turn and explains how they apply to your case. It's a structured way of presenting your arguments under the statutory framework the court must follow — for each factor (income, needs, standard of living, age and marriage length, contributions, conduct, and so on), you set out the relevant facts and what you say the court should make of them. A section 25 statement is different from a witness statement (which sets out your factual evidence) and a position statement (which sets out what you're asking for and why); a section 25 statement specifically maps your case onto the section 25 checklist. Not every case needs a separate section 25 statement — the same analysis often appears within a position statement or skeleton argument — but where the court directs one, it's a focused document that helps the judge see at a glance how you say the law applies to your circumstances.

A detailed report prepared by a Cafcass officer (or local authority social worker) when the court orders one, to help decide what's in a child's best interests. It usually involves interviews and observations.

An order for ongoing maintenance payments that are backed by security (such as a charge over property or a sum of money held by the court), so the receiving party can be paid from that security if the paying party defaults. This is different from ordinary periodical payments, which rely on the payer complying.

A court order under section 43 of the Arbitration Act 1996 requiring a witness in the UK to attend before an arbitrator to give oral testimony and/or produce documents, in the same way a court can compel a witness to attend court proceedings. It is used where a witness is needed for the arbitration but will not attend voluntarily.

A sum of money (or other arrangement) provided as a guarantee that a claim or obligation will be met. A freezing order can cease to have effect if the respondent pays a set sum 'into court' (held to the court's order) or agrees alternative security with the applicant's solicitors.

An Act giving the senior courts (High Court and Court of Appeal) powers including the ability to make injunctions and to order that documents be signed by a nominated person where a party refuses to do so. Section 39 is often used in family cases to execute conveyancing documents on a non-cooperating party's behalf.

A court-ordered process by which authorised commissioners seize and hold a person's real and personal property as a penalty for contempt of court, until the contempt is purged or until further order. It is one of the punishments available to the court on a finding of contempt, alongside committal to prison and a fine.

A court order cancelling an earlier order, usually because it was wrongly made (for example, without notice to a party who was not present) or because circumstances have changed. A party can apply to set aside an order on notice to the other side. It is distinct from 'discharging' an order, which ends a continuing obligation.

The person who creates a trust or settlement, transferring assets into it for the benefit of the beneficiaries. In family cases involving a nuptial or family trust, the settlor (if living) may be served with the application and can file a statement in response.

A person's ownership stake in a company, measured by the number and type of shares they hold. In financial cases involving a family business, the court can order the transfer of a percentage of a party's shareholding to the other and an expert valuation of that shareholding.

One of the three principles of fairness in financial remedy cases (alongside needs and compensation). 'Sharing' reflects that assets built up during the marriage — especially the family home and pensions — are generally divided between the parties, though not always equally, and needs comes first.

A marriage of relatively brief duration. There's no fixed statutory definition, but as a rough guide a marriage of under about 5 years is generally treated as short. The length is usually measured from the date of marriage to the date of separation, though where a couple cohabited seamlessly before marrying, the court often treats the whole relationship as one continuous period — so a 2-year marriage preceded by 8 years of cohabitation may be treated as a 10-year relationship. In a short marriage the sharing principle is applied cautiously: the yardstick of equality is a weaker starting point, and the court focuses more on needs and on returning the parties toward the position they were in before the marriage. Non-matrimonial assets — wealth one party brought in, inherited, or received as a gift — are more likely to be kept largely by the party who received them, especially after Standish v Standish. A short, childless marriage where both parties worked and kept their finances largely separate may result in something close to each taking out what they put in, adjusted for needs.

A general procedural device where the court directs a person to attend and 'show cause' — that is, explain why the court should not take a particular step. It is not limited to one situation: the court might ask why a case should not be dismissed, why an order should not be made, or why a party should not be held in contempt. The best-known family court use is in committal proceedings, where a person who is said to have breached a court order (or an undertaking given to the court) must explain why they should not be punished; in that context there must be an underlying order or undertaking — normally carrying a penal notice — to enforce. A purely private settlement that has not been made into a consent order or given as an undertaking is not, by itself, enforceable through committal. In every form, a show cause puts the burden on that person to justify their position; if they cannot, the court can proceed to make the order or take the step in question.

A form of mediation where the two parties stay in separate rooms (physical or virtual) and the mediator moves between them. It's used when direct contact isn't comfortable or safe, so each person can still take part without meeting face to face.

An independent expert instructed jointly by two or more parties (rather than each party instructing their own expert) to give expert evidence on a particular issue. Under Part 25 of the Family Procedure Rules, the court can direct that expert evidence be given by a single joint expert — and often does, because it's cheaper and avoids a 'battle of experts'. The parties must agree the letter of instruction (or the court settles it) and are jointly and severally liable for the expert's fees. A single joint expert can be any qualified professional the court needs — common examples include a property valuer, business valuer, forensic accountant, or PODE (Pension on Divorce Expert) in financial remedy cases, and a psychologist, child psychiatrist, or social worker in children proceedings. The expert's duty is to the court, not to whichever party pays them.

A written summary of a party's legal and factual arguments, prepared for the court to read in advance of a hearing. It is not the evidence itself but the outline of the case, helping the judge follow the points and saving court time. Skeleton arguments are used in appeals and other hearings.

The slip rule is the court's power to correct an accidental slip or omission in a judgment or order. Under the Family Procedure Rules 2010 (Rule 29.16) and the Civil Procedure Rules (Rule 40.12), the court may at any time correct a clerical mistake or an error arising from an accidental slip or omission. A party may apply for a correction without notice. The correction must not change the substance of what the court decided — it can only put right an obvious error where the written order does not match what the court actually meant to order (for example, a misspelled name, a wrong date, an incorrect figure, or a missing word). It cannot be used to rethink the outcome, add a term the court never considered, or fix a deliberate choice; the remedy for that is an appeal or a variation application.

A loan — usually from family (often parents) — that's informal or on favourable terms: little or no interest, flexible or no repayment schedule, and sometimes no real expectation of repayment at all. In divorce finances, soft loans are treated very differently from commercial 'hard' loans because they're often not genuinely enforceable debts. The court looks at the reality: is there a written agreement? Have any repayments actually been made? Is the lender pressing for repayment, or are they content to wait or write it off? A loan from a parent with no paperwork, no repayments, and no demand for repayment may be discounted or disregarded entirely — treated as, in substance, a gift or something that won't realistically be called in. The leading guidance (from cases like P v P and Thomas v Thomas) sets out factors the court weighs: the obligation to repay, the terms, whether repayment has been demanded, and the likelihood of enforcement. A soft loan can still be recognised as a genuine liability if the evidence shows it's a real loan that will be repaid — the point is that it's not assumed; it's scrutinised.

A qualified, regulated legal professional who advises clients, prepares documents, and handles correspondence and negotiation. Solicitors can conduct litigation and instruct barristers for court advocacy. They're regulated by the Solicitors Regulation Authority (SRA).

Practical adjustments the court can put in place to help vulnerable or intimidated witnesses and parties give their best evidence and take part effectively in proceedings. In family court, special measures are commonly used where there are allegations of domestic abuse, but they're available more broadly for anyone the court considers vulnerable — including children, people with mental health conditions, learning difficulties, or communication needs. Common examples include: screens in the courtroom so a witness can't see (and be seen by) the other party; giving evidence by video link (a 'live link') from another room or building rather than in the courtroom itself; having a supporter present, such as a McKenzie Friend or an intermediary; taking breaks during evidence; or measures to assist communication, such as an intermediary for someone with a speech, language, or cognitive need. The court can order special measures on its own initiative or on the application of a party, and the aim is to remove barriers to participation without compromising the fairness of the hearing. Special measures are distinct from the Qualified Legal Representative (QLR) scheme, which deals specifically with who conducts the cross-examination; special measures deal with how evidence is given and the physical or remote arrangements for the hearing itself. If you need special measures — for example, because you're afraid of being in the same room as the other party — you or your McKenzie Friend should raise it with the court in advance, so the arrangements can be made before the hearing date.

A court order requiring a respondent to hand over particular, identified goods to the applicant (rather than their value in money). A warrant or writ of delivery is used to enforce it — the enforcement officer seizes the specified goods and delivers them to the applicant.

A court order resolving a specific question about a child's upbringing — such as which school they attend or whether they receive medical treatment — when parents can't agree.

The usual basis for assessing costs, where the court only allows costs that are proportionate and reasonable in amount, resolving any doubt in favour of the paying party. It is less generous to the receiving party than the indemnity basis.

One of the factors the court must consider when deciding a fair financial settlement on divorce, under section 25(2)(c) of the Matrimonial Causes Act 1973. The court looks at 'the standard of living enjoyed by the family before the breakdown of the marriage' — the lifestyle you and your former partner had together. It's one of several factors in the section 25 checklist, alongside needs, income, earning capacity, and contributions. The standard of living isn't a guarantee that the same lifestyle will continue after separation; the court weighs it against what's affordable and the needs of both parties (and any children). Where money is tight, needs usually come first.

An automatic, regular payment set up from one bank account to another. Financial remedy orders commonly require periodical payments (maintenance) to be paid by standing order into the receiving party's nominated account.

A landmark Supreme Court decision (2024) that clarified how the sharing principle works in divorce. The Court held that the sharing principle — the starting point of equal division — applies only to matrimonial assets (those built up during the marriage), and does NOT automatically apply to non-matrimonial assets (wealth one party brought in, inherited, or received as a gift). It also narrowed the doctrine of 'matrimonialisation' — the idea that non-matrimonial assets can become matrimonial through being mixed with family finances or used for the family's benefit. The burden is on the party claiming an asset has been matrimonialised. Standish matters because it confirms that inherited or pre-acquired wealth may be kept largely by the party who received it, particularly in shorter marriages — though needs still comes first, and non-matrimonial assets can be drawn on to meet the other party's needs where required.

A document filed at the First Appointment setting out the issues the court needs to resolve in a financial remedy case. It helps the judge give directions and decide what evidence is needed.

A formal declaration at the end of a court document — such as a witness statement, an application, or a statement of information (like the D81 or ES1) — confirming that the person signing it believes the facts stated in the document are true. The standard wording is 'I believe that the facts stated in this document are true', followed by the date and signature. Under the Family Procedure Rules, many documents filed with the court must include a statement of truth. It's more than a formality: making a statement of truth without an honest belief in the facts is a serious matter — the court can strike out a document that lacks one, and proceedings for contempt of court can be brought against a person who signs a false statement of truth. The duty of full and frank disclosure in financial remedy cases works alongside this: you must be truthful in your Form E and other documents, and the statement of truth is the mechanism that makes that duty enforceable.

A legal charge the Legal Aid Agency places on property or money a legally aided person recovers or preserves in proceedings, to recover the cost of the legal aid they received. In family cases, the court can sometimes certify reasons to postpone the charge so a family home is preserved for the aided party and children.

A halt or pause in court proceedings, ordered by the court, so that something else can happen first — for example, so the parties can attempt arbitration or another form of non-court dispute resolution. The proceedings remain on foot but no substantive steps are taken until the stay is lifted or expires. The court has a duty to consider whether non-court dispute resolution is appropriate at every stage.

A court order halting (pausing) proceedings or a step in them, so that no further action is taken for the time being. A stay may be temporary, for example to allow settlement negotiations or non-court dispute resolution to take place, and can be lifted to let the case continue.

A notice given to a body such as a bank or company, preventing it from registering any transfer of, or paying out, certain securities or dividends while a charging order is in place. It stops the respondent from moving or cashing in the charged assets before the court has dealt with the charge.

A real, meaningful reason for making an application — the threshold the applicant must show to obtain leave to bring a Part III claim for financial relief after an overseas divorce. The court must be satisfied there is a substantial ground before granting permission to proceed.

The main, full application that decides the real issues in the case, as opposed to an interim or procedural application. For example, in a Part III case, the 'substantive application' is the claim for financial relief itself, as distinct from the earlier application for leave to bring it.

A quicker, less detailed assessment where the court considers the costs figures and decides a total amount at the hearing, rather than sending them for detailed assessment. Often used for smaller or straightforward costs claims.

A formal court document requiring a person to attend court for directions to be given in relation to an allegation of contempt of court. It is issued under Rule 37.6 of the Family Procedure Rules 2010 and warns that if the person does not attend, a warrant may be issued for their arrest. It must include details of the alleged contempt, the order or undertaking breached, and whether a penal notice was attached.

An independent solicitor (not the applicant's own solicitor) appointed by the court to oversee the carrying out of a search order. Their role is to serve the order, explain it to the respondent in plain language, protect the respondent's rights (including privilege), retain disputed items safely, and report to the court. The search cannot proceed without them.

A further order giving detailed practical directions to carry out an earlier order for sale — for example, appointing new estate agents or conveyancers, setting a marketing price range, and requiring signed contracts to be returned by a set date. It deals with the 'mechanics' of the sale where the original order has stalled.

A further set of questions a party can ask after the initial questionnaire and replies, where new issues or gaps have emerged. The court may direct that a supplemental questionnaire be served to clarify or expand on disclosure before the next hearing.

The amount a life insurance or endowment policy is worth if it is cancelled (surrendered) before it matures. Orders can require a policy to be surrendered or sold for at least its surrender value, with the proceeds divided between the parties.

A sentence of committal to prison that is not immediately executed — it is 'suspended' on terms set by the court (for example, complying with an order within a set time). If the defendant meets those terms, they will not go to prison. If they breach them, the applicant can apply for the warrant to be activated.

A sentence of committal to prison (under the Debtors Act 1869, section 5) that is not immediately carried out — it is 'suspended' on conditions set by the court, usually that the respondent pays the sum owed by a set date. If the respondent meets the conditions, they will not go to prison. If they breach, the applicant can apply for the order to be activated. The respondent can ask the court for a further suspension if they genuinely cannot pay.

The legal process by which an enforcement officer seizes a respondent's goods so they can be sold to pay a debt, under the Taking Control of Goods Regulations 2013. It includes entering premises, listing the goods, and removing or selling them. The respondent must be given at least 7 days' notice of enforcement first.

The legal contract between a landlord and a tenant setting out the terms of a rental — the rent, the length of the tenancy, and the rights and responsibilities of each side. In family orders, a party may be required to enter into a tenancy agreement to provide a home for the other parent and children.

A form of co-ownership where each owner holds a distinct, separate share of the property — which can be equal or unequal (for example, 60/40). There's no right of survivorship: when one owner dies, their share passes under their will rather than automatically to the other owner. Unmarried couples and business partners often own as tenants in common. In a divorce settlement, owning as tenants in common makes it clearer how the proceeds of sale are divided between the parties.

The written agreement setting out the basis on which a professional (such as estate agents or conveyancing solicitors) will act — including their fees, commission, and what they will do. Orders can require the parties to sign and deliver terms of business to the agents or solicitors by a set date.

A final order requiring a third party (such as a bank) that owes money to the respondent to pay that money directly to the applicant instead, to satisfy a judgment debt. The third party's debt to the respondent is reduced by what it pays, and the respondent's debt to the applicant is reduced accordingly. Made after an interim third party debt order and any objections have been considered.

A temporary order stopping a third party (such as a bank) from paying money it owes to the respondent, so that the money can instead be used to pay the respondent's debt to the applicant. Made without a hearing, it freezes the debt until a further hearing decides whether a final third party debt order should be made. It does not authorise payment to the applicant at this stage.

An order requiring a person or organisation who is not a party to the proceedings (a 'third party') to disclose documents that are relevant to the case — for example, bank records, property documents, or business accounts held by a third party. Made under Family Procedure Rules 2010, rule 21.2, where the court is satisfied the disclosure is necessary to deal with the case fairly.

The enforcement officer attached to the High Court (in London, the Royal Courts of Justice) responsible for executing certain court orders — including warrants to secure attendance and warrants of committal made in High Court proceedings. The Tipstaff and their deputies or assistants are named in such warrants alongside police constables.

A court order for additional child maintenance on top of the amount the Child Maintenance Service (CMS) has calculated. The court can make a top-up order where the CMS calculation does not fully meet the child's needs and the paying parent's circumstances justify more. Made under the Child Support Act 1991.

A finding that an application (including an application for permission to appeal) has no realistic chance of succeeding at all. Where an application is totally without merit, the applicant is not permitted to request an oral hearing of it.

A written word-for-word record of what was said in court, especially a judgment. A transcript (or, where none is available, an approved or unapproved note of the judgment) is usually needed when appealing, so the appeal court can see exactly what was decided and why.

A court order moving the ownership of a property (or other asset) from one party to the other, or from joint names into one person's sole name. It's formally called a 'property adjustment order'. For example, the family home might be transferred from joint names into the sole name of the parent who'll live there with the children, often with a lump sum paid to the other party to balance the shares. The court can also order a transfer of tenancies.

A property order where one party transfers their interest in a home to the other, but the property is then charged back to the transferring party as security for a lump sum or percentage of the proceeds payable later — usually when a 'determining event' occurs (such as the youngest child reaching 18, remarriage, or death). It lets the resident spouse stay in the home while protecting the other spouse's financial interest.

The contested hearing where the court hears evidence and legal arguments and makes a final decision on the merits. In family court the word 'trial' is used less often than 'final hearing' or 'fact-finding hearing', but it means the same thing — the case is decided after the evidence has been tested.

A court order declaring that a property is held by the parties on trust (often as tenants in common) on specified terms — for example, allowing one party to live in it rent-free until a 'determining event' (such as a child reaching 18 or remarriage), after which it is sold and the proceeds divided. Made under section 24(1)(b) of the Matrimonial Causes Act 1973.

The people who legally own and manage a trust's assets and hold them for the benefit of the beneficiaries. In financial remedy cases, trustees can be joined as parties and ordered to produce trust documents and accounts, especially where a trust is said to hold assets relevant to the marriage.