UK Divorce Glossary Procedure, Forms, Financial Orders & ADR
If you are dealing with divorce or a consent order, this glossary explains the key terms used in the divorce process in England and Wales. It covers both the 2022 no-fault divorce reforms, including Conditional Order and Final Order, and the financial remedy process that often runs alongside divorce.
It also explains common court forms and documents, including Form A, Form E, and D81, and shows what each one means in practice. In addition, it outlines the types of financial orders the court can approve, including clean break orders, property orders, and pension sharing orders.
Beyond the court process, the glossary covers out-of-court options such as MIAMs, mediation, and arbitration. It also guides you through the main court stages in a contested financial remedy case, including the FDA, FDR, and Final Hearing. Where older websites and guides still use outdated language, this page shows the modern equivalent so you can translate older terms quickly and accurately.
To get started, click a category to expand the definitions. If you are preparing a consent order, begin with Form A, D81, and the draft order. If pensions are involved, also review P1. Then use the Old vs New section to interpret older divorce terms you may still find online.
Prefer an alphabetical A-Z glossary, click here.
- Form A — Opens the financial remedy application and flags that the application is by consent.
- Form D81 — Provides the fairness “snapshot” of both parties’ financial positions.
- Draft Consent Order — The proposed binding terms you want the court to seal.
- Form P1 — Required if the order includes pension sharing.
If you are submitting a consent order, the court will usually expect a full set of documents so a judge can check that the agreement is fair and approve the terms.
- Financial Remedy — The court process for making financial orders between spouses (capital, income and pensions).
- Financial Remedy Application — The application asking the court to determine or approve financial outcomes.
- s.25 Factors — The Matrimonial Causes Act checklist guiding fairness (resources, needs, ages, duration, standard of living, contributions, disability, etc.).
- Needs / Sharing / Compensation — The main rationales used when deciding financial outcomes.
- Duty of Full and Frank Disclosure — Legal duty to provide complete and accurate financial information.
- Statement of Truth — Formal confirmation that information provided is true, with consequences if false.
- Disclosure Documents — Evidence supporting disclosure (bank statements, payslips, accounts, tax returns, pension statements, valuations).
- Capital — Assets with a present value (property, savings, investments, business interests).
- Income — Earnings and income streams (employment, self-employment, dividends, rent, benefits).
- Liabilities — Debts and financial obligations (mortgage, loans, tax, credit cards).
- Matrimonial Assets — Assets built up during the marriage, often treated as shareable subject to fairness.
- Non-Matrimonial Assets — Typically pre-marital, inherited, gifted, or post-separation assets (may still be relevant to meet needs).
- Add-Back — Discretionary approach treating dissipated sums as notionally still available for fairness.
- Conduct (Financial) — Exceptional financial misconduct relevant to outcome (rare).
- CETV (Cash Equivalent Transfer Value) — Standard pension valuation figure used to quantify pension assets.
- PPF (Pension Protection Fund) — Compensation framework affecting certain pension benefits/values.
- State Pension Sharing — Sharing of state pension entitlement where eligible.
- Valuation (Property / Business / Pension) — Evidence of value used for negotiation or court decisions.
- SJE (Single Joint Expert) — Jointly instructed expert providing independent valuation evidence.
- Redemption Statement — Lender’s statement showing mortgage balance and charges on a given date.
- Equity — Net value in a property after secured debt (and sometimes sale costs).
- Form A — Form used to start financial remedy proceedings, including consent order applications.
- Form A1 — Alternative form used for certain limited routes (not the standard Form A pathway).
- Form E — Primary disclosure form in contested financial remedy proceedings.
- Form D81 — Statement of Information for a Consent Order; enables the judge to assess fairness.
- Draft Consent Order — The proposed order wording reflecting the parties’ agreement.
- Sealed Order — The court-issued sealed order; the enforceable version.
- Form P — Pension inquiry form used where pension sharing/attachment may be made.
- Form P1 (Pension Sharing Annex) — Mandatory technical annex for implementing a pension sharing order.
- Help with Fees (HWF) — Fee remission scheme for eligible applicants.
- HMCTS — HM Courts & Tribunals Service (court administration).
- MyHMCTS (Solicitor Portal) — HMCTS online filing system used by solicitors.
This section explains what financial disclosure means and which court forms are used in financial remedy cases and consent orders.
- MIAM (Mediation Information and Assessment Meeting) — Meeting to assess suitability of mediation and explain options.
- Mediation — Facilitated negotiation led by a neutral mediator who does not impose a decision.
- Shuttle Mediation — Mediation where parties are kept separate and the mediator moves between them.
- Memorandum of Understanding (MoU) — Mediator’s written record of proposals (not binding as an order).
- Open Financial Statement (OFS) — “Open” schedule of finances from mediation that can be shown to the court.
- Collaborative Law — Solicitor-led negotiation process committed to settling without court.
- Arbitration (Family) — Private adjudication by an arbitrator, typically embodied in a court order.
- Private FDR — Privately arranged FDR-style settlement hearing with a neutral indication.
- Roundtable Meeting — Solicitor-led settlement meeting aimed at finalising terms.
- FDA (First Appointment / First Directions Appointment) — First hearing in contested financial remedy; the court sets directions.
- Questionnaire — Written questions about disclosure, usually following Form E.
- Directions — Court orders setting procedural steps (disclosure, experts, timetable).
- FDR (Financial Dispute Resolution Hearing) — Without-prejudice settlement hearing; judge gives an indication to help settlement.
- Final Hearing — Trial where the judge makes final financial orders if no settlement.
- Position Statement — Short document setting out each party’s position and the orders sought.
- Section 25 Statement — Evidence addressing outcome by reference to the s.25 factors.
- Chronology — Dated timeline of key events.
- Hearing Bundle — Indexed and paginated pack of documents for the judge.
- Scott Schedule — Table-format schedule to structure disputed issues point-by-point.
- ES1 (Financial Remedy Summary of Case) — Standardised summary filed for hearings.
- ES2 (Schedule of Assets) — Standardised assets/liabilities schedule updated for hearings.
- Without Prejudice — Settlement communications protected from being shown to the judge on merits.
- Open Offer — Offer that can be shown to the court (often relevant around/after FDR).
- Calderbank Offer (Without Prejudice Save as to Costs) — Offer shown only on costs to support costs arguments.
- Legal Costs / Costs Order — Order requiring one party to pay some or all of the other’s costs.
This section explains mediation, arbitration, and the main stages of a contested financial remedy case, including the FDA, FDR, and Final Hearing.
- Divorce vs Financial Order — A divorce ends the marriage legally, but it does not automatically end financial claims. A Financial Order (often a Consent Order) is what finalises finances and can dismiss future claims.
- Conditional Order vs Final Order — A Conditional Order confirms the divorce can proceed (old term: Decree Nisi). A Final Order legally ends the marriage (old term: Decree Absolute).
- Final Order vs “Financial Finality” — A Final Order does not prevent future financial claims by itself. Financial finality usually requires a Clean Break achieved through Dismissal of Claims in a sealed financial order.
- Consent Order vs Informal Agreement — A private agreement is not automatically enforceable. A Consent Order becomes binding only when approved and issued as a Sealed Order by the court.
- “Clean Break” vs “We’ve agreed everything” — A Clean Break is a legal outcome achieved through specific clauses dismissing claims, not a description of how amicable the separation feels.
- Form A (Consent) vs Form A (Contested) — Form A is the gateway to financial remedy. If you are applying by consent, you still use Form A, but you tick the consent route and lodge the agreed order with D81 (and P1 for pension sharing).
- Form E vs D81 — Form E is the full disclosure form used in contested proceedings. D81 is the “fairness snapshot” used specifically to support a Consent Order; it is shorter but still requires honest disclosure.
- MIAM and Consent Orders — A MIAM is usually relevant when you are issuing contested applications. Where both parties are already agreed and applying for a Consent Order, the process is typically document-based, though mediation can still help reach agreement.
- Spousal Maintenance vs Child Maintenance — Periodical Payments (Spousal Maintenance) are for a former spouse and are ordered by the court. Child Maintenance is usually dealt with by the CMS, with only limited court powers in specific scenarios.
- Pension Sharing vs Pension Attachment (Earmarking) — Pension Sharing creates a separate pension credit for the other party (cleaner break). Pension Attachment (Earmarking) directs future pension payments to the other party when they come into payment (less final and keeps parties financially linked).
- Mesher Order vs Martin Order — Both are forms of Deferred Sale Order. A Mesher Order usually postpones sale until a child-related or occupation trigger. A Martin Order typically postpones sale long-term (sometimes for life), depending on the facts.
- Disclosure “light” vs “non-disclosure” risk — Even in consent cases, incomplete disclosure can lead to future challenges. The Duty of Full and Frank Disclosure applies in principle, and a serious failure may support a Set-Aside application later.
- Without Prejudice vs Open Offer — Without Prejudice communications are protected and generally not shown to the judge on the merits. An Open Offer can be shown to the court and may matter at/after FDR and on costs.
This section explains the points people most often misunderstand when reading older divorce guidance or trying to finalise finances without a sealed court order.
- Sole Application — A divorce application made by one spouse alone.
- Joint Application — A single divorce application made by both spouses together.
- Applicant — The spouse (or spouses, in a joint case) applying for divorce; replaces “Petitioner”.
- Respondent — The other spouse who receives the divorce application.
- Marriage Certificate — Official evidence of the marriage, usually required to issue the application.
- Irretrievable Breakdown — The sole legal basis for divorce: the marriage has permanently broken down.
- Statement of Irretrievable Breakdown — The formal statement in the application confirming irretrievable breakdown without alleging fault.
- Jurisdiction — The court’s legal authority to deal with the divorce (often based on habitual residence and/or domicile).
- Habitual Residence — Where a person’s life is settled and centred in practice (a factual test).
- Domicile — A legal concept of a person’s permanent home (can found jurisdiction even if not habitually resident).
- Forum — The country whose courts should determine the case (relevant in cross-border disputes).
- Issue / Issued by the Court — The point when the court accepts the application and starts proceedings.
- Service — Formal delivery of the application and related documents to the Respondent.
- Deemed Service — The court treating service as effective based on evidence of receipt.
- Dispensation of Service — Permission to proceed without service (e.g., the Respondent cannot be traced despite reasonable steps).
- Acknowledgment of Service (AoS) — The Respondent’s formal confirmation of receipt and position (including any jurisdiction challenge).
- Dispute of Jurisdiction — A challenge that the England & Wales court should not hear the case.
- 20-Week Period (Reflection Period) — Minimum wait from issue before applying for the conditional order.
- Conditional Order — The first divorce order confirming the divorce can proceed; replaces Decree Nisi.
- Pronouncement / Grant of Conditional Order — The date the court makes the conditional order.
- 6 Weeks + 1 Day (Minimum Wait) — Minimum wait after conditional order before applying for final order.
- Final Order — The order that legally ends the marriage; replaces Decree Absolute.
- Sole Applicant Applying for Final Order After a Joint Start — Where one party finalises despite the case beginning jointly, as permitted by the rules.
- Online Divorce Service / Portal — HMCTS’ digital service used to issue and progress most divorces.
- Nullity (Annulment) — A different legal route where a marriage is declared void or voidable.
- Decree of Nullity / Nullity Order — The court order granting nullity.
- Judicial Separation — Court-recognised separation without ending the marriage (can still allow financial orders).
This section explains the main legal terms used in the divorce process in England and Wales under the 2022 no-fault divorce reforms.
- AoS — Acknowledgment of Service (Respondent’s receipt/position document).
- CMS — Child Maintenance Service (administers most child maintenance).
- CETV — Cash Equivalent Transfer Value (pension valuation figure).
- ES1 — Financial Remedy Summary of Case (standard hearing summary).
- ES2 — Schedule of Assets (standard assets/liabilities schedule).
- FDA — First Appointment / First Directions Appointment (first hearing in contested finances).
- FDR — Financial Dispute Resolution (settlement hearing).
- FRC — Financial Remedies Court / Centre (specialist court structure/venue).
- HMCTS — HM Courts & Tribunals Service (court administration).
- HWF — Help with Fees (fee remission scheme).
- MIAM — Mediation Information and Assessment Meeting.
- MoU — Memorandum of Understanding (mediation proposals record).
- OFS — Open Financial Statement (open mediation finance schedule).
- PPF — Pension Protection Fund (pension compensation scheme).
- SJE — Single Joint Expert (jointly instructed valuation expert).
A quick guide to the common acronyms used in divorce and financial remedy cases.
- Petition — Older term for starting a divorce; now generally called an Application.
- Application — Modern term for the document that starts divorce proceedings.
- Petitioner — Older term for the person who started the divorce; now Applicant.
- Decree Nisi — Older term; now the Conditional Order.
- Decree Absolute — Older term; now the Final Order.
This section explains older divorce terms that are still used online and shows what they are now called under the post-2022 no-fault system.