Common Family Law Legal Terms Explained.
If you are dealing with divorce, separation, finances or arrangements for children, unfamiliar legal terms can make the process harder to follow. This guide explains common family law terminology used in England and Wales.
Divorce and financial terms
Applicant and respondent
The applicant asks the court to make an order. The respondent replies to that application. In a joint divorce application, the parties are usually called applicant 1 and applicant 2. A person’s role can differ between separate proceedings.
Conditional order and final order
A conditional order confirms that the court sees no legal reason why the divorce cannot proceed. You remain married at this stage. A final order legally ends the marriage.
For divorce applications issued on or after 6 April 2022, these terms replaced decree nisi and decree absolute. A final order (formerly, decree absolute) does not automatically settle financial claims, so financial arrangements may need to be dealt with separately. There can also be financial consequences if a final order is obtained before finances are resolved, particularly where pensions are involved.
Financial remedy
A financial remedy is the legal process used to resolve financial matters following divorce or the dissolution of a civil partnership. It can cover property, savings, investments, pensions and maintenance.
Some couples reach an agreement through negotiation, mediation or another form of non-court dispute resolution. If they cannot agree, either party may ask the court to make a financial order.
Consent order
A consent order records an agreement and is submitted to the court for approval. In divorce proceedings, it is often used to make agreed financial arrangements legally binding.
An informal agreement between former spouses is not legally binding or enforceable; it also may not prevent future financial claims. If you reach an agreement, obtain advice about whether it should be recorded in a consent order.
Form E
Form E is a detailed financial statement used in certain financial remedy proceedings. It covers matters such as income, property, bank accounts, investments, pensions, liabilities and estimated future needs. Supporting documents are also required.
Each party has a duty to provide full, frank and clear financial disclosure. Form E is not required in every divorce; it is generally used where an application for a financial order has been made, and the case is proceeding on the contested route. Although sometimes it is a useful tool for negotiating an agreement, as it helps streamline what is in the pot.
Clean break
A clean break order ends specified financial claims between former spouses or civil partners. The exact claims dismissed depend on the wording of the order.
A clean break is not suitable in every case. Ongoing maintenance may be appropriate where one person cannot meet their needs without continuing support. Obtain legal advice before agreeing to a clean break so that you understand its effect.
Terms used in cases concerning children
Child arrangements order
A child arrangements order sets out arrangements for a child. It can specify who the child is to live with, when the child is to spend time with another person, and when or how other contact is to take place.
Parents may agree arrangements without going to court. If they cannot agree, an application may be appropriate. The child’s welfare is the court’s paramount consideration, and the court will make an order only if doing so is better for the child than making no order.
Parental responsibility
Parental responsibility means the legal rights, duties, powers, responsibilities and authority that a person has in relation to a child and the child’s property. It can include decisions about education, medical treatment and welfare.
A child’s birth mother automatically has parental responsibility. Other parents may acquire it in several ways, including through marriage or civil partnership with the birth mother, registration on the birth certificate where the relevant legal conditions are met, a parental responsibility agreement or a court order. The rules depend on the family’s legal circumstances, so advice may be needed.
Parental responsibility is separate from where a child lives or how much time they spend with each parent.
MIAM: Mediation Information and Assessment Meeting
A MIAM is a short meeting with an authorised family mediator. The mediator explains mediation and other ways of resolving disputes outside court and assesses whether they may be suitable.
Before making certain applications concerning children or financial remedies, a prospective applicant must usually attend a MIAM unless an exemption applies. Attending does not require you to proceed with mediation.
Exemptions can apply in circumstances including domestic abuse, child-protection concerns and urgency. Some exemptions require supporting evidence.
Cafcass
Cafcass is the Children and Family Court Advisory and Support Service. In England, it advises the family courts about children’s welfare and best interests.
Depending on the case, a Cafcass Family Court Adviser may carry out safeguarding enquiries, speak to family members or prepare a report for the court. Cafcass does not represent either parent.
Prohibited steps order
A prohibited steps order prevents a specified step concerning a child from being taken without the court’s permission. It applies only to the action identified in the order, not to every parenting decision.
Specific issue order
A specific issue order allows the court to decide a particular question about a child’s upbringing, such as schooling, when those involved cannot agree.
A prohibited steps order restricts a specified action; a specific issue order determines a question that requires a decision. In both cases, the court considers the child’s welfare.
If you do not understand a document or legal term
Ask your solicitor to explain unfamiliar language and tell you whether you need to act.
Useful questions include:
• What does this mean for my case?
• Is there a deadline?
• What information do I need to provide?
• What happens next?
• What are my options?
Court correspondence may include applications, orders, hearing notices, financial disclosure forms, directions and communications from Cafcass. Read every document carefully, check any deadline and contact your solicitor if you are unsure what is required.
Reliable sources of general information include GOV.UK, Cafcass, the Solicitors Regulation Authority, the Law Society, Resolution and Legislation.gov.uk. Online forums and social media can describe personal experiences but do not show how the law applies to your circumstances. AI can sometimes reinforce your existing views or provide answers that sound convincing but are inaccurate or incomplete. It cannot replace the independent legal advice tailored to your individual circumstances.
Understanding legal terminology can help you follow your case and make informed decisions. However, the effect of an order or procedure depends on the facts of the case. Seek legal advice before taking steps that could affect your rights or responsibilities.
Article by Varinder Bhandal
