This glossary explains the legal, court and mediation terms commonly used in divorce and financial remedy matters in England and Wales. It covers key forms, orders, hearing stages and mediation documents, including terms such as Form A, Form D81, MIAM, consent order and clean break.
Use the glossary to quickly check what a term means in plain English. If you want to see how a term fits into the wider process, use the related links within each entry to move to the relevant guide or topic page.
A – C
Acknowledgment of Service (AoS)
The Respondent’s formal confirmation that they received the divorce application, sometimes including their position on jurisdiction.
Add-Back
A discretionary approach where money unfairly spent or dissipated is treated as if it were still available when assessing fairness.
Applicant
The person applying for divorce or financial remedy. In a joint divorce, both spouses are applicants.
Application
The formal document used to start court proceedings.
Arbitration (Family)
A private process where an independent arbitrator makes a decision on a family finance dispute, usually later reflected in a court order.
AoS
Short for Acknowledgment of Service.
Calderbank Offer (Without Prejudice Save as to Costs)
A settlement offer normally hidden from the trial judge on the merits, but which may later be shown when arguing about costs.
Capital
Assets with a present value, such as property, savings, investments, or business interests.
CETV (Cash Equivalent Transfer Value)
The standard figure used to value a pension for divorce purposes.
Chronology
A dated timeline of important events in the case.
Clean Break
A financial order that ends future financial claims between spouses, so neither can make further claims later.
Collaborative Law
A solicitor-led process where both parties and their lawyers work to reach agreement without going to court.
Conditional Order
The first divorce order confirming that the divorce can proceed. This replaced the old term Decree Nisi.
Conditional Order vs Final Order
A Conditional Order confirms the divorce can move forward. A Final Order legally ends the marriage.
Conduct (Financial)
Serious financial misconduct that may affect the outcome of a financial remedy case. This is uncommon.
Consent Order
A court order recording an agreement between spouses, which becomes binding only once approved and sealed by the court.
Consent Order vs Informal Agreement
An informal agreement is not automatically enforceable. A Consent Order is binding once sealed by the court.
CMS
Child Maintenance Service, which deals with most child maintenance cases.
D–F
Decree Absolute
The old term for Final Order.
Decree Nisi
The old term for Conditional Order.
Decree of Nullity / Nullity Order
The court order declaring a marriage void or voidable.
Deemed Service
Where the court accepts that documents were received, even if formal proof of service is incomplete.
Directions
Court instructions setting out the next procedural steps, such as disclosure, questionnaires, or expert evidence.
Disclosure Documents
Documents supporting financial disclosure, such as bank statements, payslips, tax returns, pension statements, and valuations.
Disclosure “light” vs non-disclosure risk
Even in agreed cases, incomplete disclosure can create a risk that the order may later be challenged.
Dispensation of Service
Permission from the court to continue without serving documents in the usual way, for example where the other party cannot be traced.
Dispute of Jurisdiction
A challenge arguing that the courts of England and Wales should not deal with the divorce.
Divorce vs Financial Order
Divorce ends the marriage. A financial order deals with money, property, pensions, and future claims.
Domicile
A legal concept used to identify a person’s permanent home, which can affect jurisdiction.
Draft Consent Order
The proposed wording of the financial order the parties want the court to approve.
Duty of Full and Frank Disclosure
The obligation to give complete and honest financial information.
Equity
The net value of a property after deducting the mortgage and sometimes sale costs.
ES1
A standard court form summarising the financial remedy case for a hearing.
ES2
A standard schedule setting out the parties’ assets and liabilities for a hearing.
FDA (First Appointment / First Directions Appointment)
The first court hearing in contested financial remedy proceedings, where the judge usually gives directions.
FDR (Financial Dispute Resolution Hearing)
A without-prejudice settlement hearing where the judge helps the parties try to reach agreement.
Final Hearing
The trial at which the judge decides the case if no agreement has been reached.
Final Order
The order that legally ends the marriage. This replaced the old term Decree Absolute.
Final Order vs Financial Finality
A Final Order ends the marriage, but it does not automatically end financial claims. Financial finality usually requires a sealed financial order, often with a clean break.
Financial Remedy
The court process for resolving financial claims between spouses, including property, income, capital, and pensions.
Financial Remedy Application
The application asking the court to decide or approve financial arrangements.
Form A
The main form used to start financial remedy proceedings, including applications for a consent order.
Form A (Consent) vs Form A (Contested)
The same form starts both routes, but in a consent case you submit it with the agreed order and supporting documents.
Form A1
A different form used for limited applications outside the standard Form A route.
Form D81
The Statement of Information used in consent order cases so the judge can assess whether the agreement appears fair.
Form E
The main financial disclosure form used in contested financial remedy proceedings.
Form E vs D81
Form E is detailed disclosure for contested cases. Form D81 is a shorter fairness snapshot used for consent orders.
Form P
A pension inquiry form used where pension orders may be relevant.
Form P1 (Pension Sharing Annex)
The technical annex required where the order includes pension sharing.
Forum
The country whose courts should deal with the dispute.
FRC
Financial Remedies Court, the specialist court structure dealing with financial remedy cases.
G – L
Habitual Residence
The place where a person’s life is practically centred and settled.
Hearing Bundle
The indexed and paginated set of documents prepared for the judge.
Help with Fees (HWF)
A scheme that may reduce or remove court fees for eligible applicants.
HMCTS
HM Courts & Tribunals Service, which administers the courts.
Income
Earnings and other incoming money, such as salary, self-employment income, rent, dividends, or benefits.
Irretrievable Breakdown
The only legal basis for divorce in England and Wales.
Issue / Issued by the Court
The point at which the court accepts the application and starts proceedings.
Joint Application
A divorce application made together by both spouses.
Judicial Separation
A court process recognising separation without legally ending the marriage.
Jurisdiction
The court’s legal authority to hear and decide a case.
Legal Costs / Costs Order
Legal costs are the expenses of the case. A costs order requires one party to pay some or all of the other party’s costs.
Liabilities
Debts and financial obligations, such as mortgages, loans, tax debts, or credit cards.
M–R
Marriage Certificate
The official document proving the marriage, usually needed to issue the divorce application.
Matrimonial Assets
Assets built up during the marriage, often treated as part of the shared marital pot.
Mediation
A process where an independent mediator helps the parties negotiate, but does not impose a decision.
Memorandum of Understanding (MoU)
A mediator’s written summary of proposals reached in mediation. It is not itself legally binding.
Mesher Order vs Martin Order
Both are forms of deferred sale order. A Mesher Order usually delays sale until a child-related trigger; a Martin Order usually delays sale for much longer.
MIAM (Mediation Information and Assessment Meeting)
A meeting explaining mediation and other options, and assessing whether mediation may be suitable.
MIAM and Consent Orders
A MIAM is usually more relevant to contested applications. If terms are already agreed, a consent order is usually a document-based process.
Minimum Wait (6 Weeks + 1 Day)
The minimum period after Conditional Order before applying for Final Order.
MoU
Short for Memorandum of Understanding.
MyHMCTS (Solicitor Portal)
The online HMCTS system used mainly by solicitors for court filing and case management.
Needs / Sharing / Compensation
The three main principles often discussed in financial remedy cases when deciding a fair outcome.
Non-Matrimonial Assets
Assets usually treated as outside the marital pot, such as pre-marital, inherited, gifted, or post-separation assets, although they may still be relevant.
Nullity (Annulment)
A legal route where the court declares a marriage void or voidable rather than ending it by divorce.
OFS (Open Financial Statement)
A financial summary prepared in mediation that can be shown to the court.
Open Offer
A settlement offer that can be shown to the court.OFS (Open Financial Statement)
A financial summary prepared in mediation that can be shown to the court.
Petition
The old term for the document starting a divorce. The modern term is Application.
Petitioner
The old term for the person starting the divorce. The modern term is Applicant.
Position Statement
A short document for a hearing setting out a party’s position and the order they want.
PPF (Pension Protection Fund)
A scheme that protects certain pension benefits where a pension scheme has failed.
Private FDR
A privately arranged settlement meeting with an evaluator giving an indication, similar to a court FDR.
Questionnaire
Written questions raised about the other party’s financial disclosure, usually after Form E.
Redemption Statement
A lender’s statement showing the amount needed to repay a mortgage on a specific date.
Reflection Period (20-Week Period)
The minimum period between issue of the divorce application and applying for Conditional Order.
Respondent
The spouse who receives the divorce application.
Roundtable Meeting
A settlement meeting, usually involving solicitors, aimed at reaching agreement.
S–Z
s.25 Factors
The checklist in section 25 of the Matrimonial Causes Act 1973 that guides the court on fairness, including needs, resources, ages, standard of living, contributions, and any disability.
Scott Schedule
A table used to organise disputed issues point by point.
Sealed Order
The court-approved and sealed order. This is the enforceable version.
Section 25 Statement
A witness statement addressing the outcome by reference to the section 25 factors.
Service
Formal delivery of court documents to the other party.
Shuttle Mediation
Mediation where the parties remain separate and the mediator moves between them.
SJE (Single Joint Expert)
An expert instructed jointly by both parties to provide independent evidence, such as a valuation.
Sole Application
A divorce application made by one spouse alone.
Spousal Maintenance vs Child Maintenance
Spousal maintenance is paid to a former spouse and ordered by the court. Child maintenance is usually dealt with by the CMS.
State Pension Sharing
The division of certain state pension entitlement where the law allows it.
Statement of Irretrievable Breakdown
The formal statement in the divorce application confirming that the marriage has broken down permanently.
Statement of Truth
A formal declaration that the information provided is true.
V
Valuation (Property / Business / Pension)
Evidence used to establish the value of an asset for negotiation or court.
W
Without Prejudice
A rule protecting genuine settlement discussions from being shown to the judge deciding the case.
Without Prejudice vs Open Offer
Without prejudice offers are protected from the trial judge on the merits. Open offers can be shown to the court.