A Complete Glossary of Divorce Terms and jargon used when getting Divorced

Here is a comprehensive list of all the Terms and Jargon you may come across in Divorce

These glossary divorce terms are listed alphabetically:

Adultery

Sexual intercourse by either a husband or wife with someone of the opposite sex at any time before the decree absolute is issued.

Affidavit

A written statement containing a person’s evidence either on an oath or by affirmation.

Alimony

Another word for Maintenance or Spousal Support where money is required to be paid by either husband or wife to the other spouse as agreed by the courts.

Consent Orders

An order made by the courts in terms which have been agreed by both parties.

Contact Order

An order under the Children’s Act for a child to visit or stay with the parent with whom the child is not living with. Alternatively it may involve the exchange of letters cards or telephone calls. It may be made in favour of non-parents for example grandparents.

Co-Respondent

The person with whom the respondent has committed adultery with in a Civil Partnership.

Court Orders

Decisions made by the court which directly affect the welfare of the children and also related to financial decisions.

Counsel

A Barrister, which is a legal representative for either party.

Cross-Decrees

When a petitioner is granted a Decree on the basis of the petition and the respondent on the basis of their answer.

Cross-Petitioning

This happens when the respondent puts forward a different reason for the marriage breakdown which varies from the petitioners, and seeks a divorce based on those facts.

Custody

This relates to which parent or person has legal charge over either the children and/or animals/possessions etc.

Decree Nisi

The document issued once the court is satisfied that the grounds of the divorce have been clearly established, thus enabling the petitioner to apply for the Decree Absolute. On its own the Decree Nisi DOES NOT end the marriage.

Decree Absolute

This is the FINAL order which dissolves the marriage. The petitioner can apply for the Decree Absolute six weeks and one day after the issue of the Decree Nisi.

Disclosure

The full divulgence of all information related to any financial matters – each partner is required to give a full and frank disclosure when settling a divorce and failure to do so may make the actual court order invalid.

Dissolution

The final Decree in a civil partnership divorce.

Domestic Interdicts

This includes any child who is in the permanent or temporary care of the pursuer and is therefore restricted to children under 16 years of age.

Filing

The leaving of documents – e.g. petitions, affidavits notices of applications etc – at the Court office for sealing and subsequent service.

Implied Trust

A situation where one party was led to believe they would have a right to either residing at the home or to benefit from a share of the property financially. There does not necessarily need to have been a direct financial contribution by one party for an implied trust to exist.

Injunction

This is an order made by the court which tell someone what they can or can’t do. If this order is NOT carried out, then they can be imprisoned.

Joint Tenancy

Relating to the person’s interest in the property, it signifies that each person’s interest in the property is not quantified and the entirety of the property is jointly owned. If one person dies, then the entire property will automatically pass to the surviving partner regardless of any provision the former may have made in the Will.

Jurisdiction

This relates to the location of where the power is given to a particular court.

Maintenance

Another word for Alimony or Spousal Support where money is required to be paid by either husband or wife to the other spouse as agreed by the courts.

Matrimonial Interdicts

This includes any child or grandchild of either spouse and any person who has been raised or treated by either spouse as if they were a child of that spouse, regardless of the age.

Mediation

A way of resolving disputes with the issues arising during separation or divorce. It usually involves meeting to discuss and find an amicable way forwards. It may cover children and financial matters and may be offered by lawyer mediators or family mediators with either one or both parties attending together.

Memorandum of Understanding

This is described as a summary of understanding usually prepared by the mediator that each party and their solicitors have once an agreement is reached.

Mutual Wills

These are wills made by a couple which complement each other and are made on the basis that the first one to die binds the survivor to make a will in the original read format and no changes will be allowed. If it is to be changed, it must be done prior to the other person’s death. Change your Will quickly if you are getting divorced and your Will has been set up like this.

Non-Molestation Order

A special order which prohibits a particular person from assaulting, harassing or interfering with another person.

Occupation Order

This order can make an abusing spouse or partner leave the home and not be allowed within a specified area around the home. It can also allow the spouse or partner back into the home if they have left out of fear of violence and sometimes requires the abusing spouse or partner to leave the house on their return.

Ouster

An order which excludes one spouse from being in the matrimonial home or alternatively from being in part of it (the latter is not very practical though).

Perusals

This refers to reading the papers on the file.

Petition

This document requests the court to end the marriage.

Petitioner

This is the person who initiates the divorce proceedings by filing the petition.

Prohibited Steps Order

An order which effectively restrains the actions of a person in relation to a child e.g. an order preventing the child being taken out of the country without the consent of the courts or the other parent. It can be applied for in an emergency without the other party needing to be notified of the hearing in advance.

Respondent

This is the spouse who is NOT the petitioner or the applicant.

Spouse

This is the married partner of either the husband or the wife.

Statement of Arrangements

The form which needs to be filed with the petition if there are relevant children in the family and which sets out the proposed arrangements for them in the future. Ideally this should be agreed with the respondent and countersigned wherever possible before the divorce is started.

Tenancy in Common

Relating to a persons interest in a property and quantified as the fixed and separate interest of each person – usually 50-50 but it can be in any proportion. It allows each person to separately dispose of his or her share by Will.

Undefended Divorce

This is where the dissolution of the marriage and how this will be achieved are not disputed (even when there is a dispute about children or finances).

Without prejudice

A phrase used which prevents any communications in the negotiation process being made known to the court at the final hearing if those particular negotiations failed to produce an agreement. Offers and responses to them can be disclosed to the court in evidence relating to costs. Back from Glossary of Terms to Home Page