This glossary explains 149 words you'll meet in a divorce or family court case in England and Wales, in plain English, with links to our guides and form explainers. Several familiar terms changed when no-fault divorce began on 6 April 2022: a decree nisi is now a conditional order, a decree absolute is a final order and the petitioner is the applicant.
What are the old divorce terms called now?
If you divorced before April 2022, or you're reading older advice, you'll see words the courts in England and Wales no longer use. This table shows what each one is called now and when it changed.
| Old term | Called now | Changed |
|---|---|---|
| Decree nisi | Conditional order | 6 April 2022 |
| Decree absolute | Final order | 6 April 2022 |
| Petition | Application | 6 April 2022 |
| Petitioner | Applicant | 6 April 2022 |
| The five facts, including adultery and unreasonable behaviour | Statement of irretrievable breakdown | 6 April 2022 |
| Co-respondent | No longer used | 6 April 2022 |
| Ancillary relief | Financial remedy | 6 April 2011 |
| Residence order and contact order | Child arrangements order | 22 April 2014 |
| Custody and access | Residence and contact, now child arrangements | 14 October 1991 |
| County court (for family cases) | The Family Court | 22 April 2014 |
| Separated Parents Information Programme | Planning Together for Children | April 2023 |
| Pathfinder court | Child Focused Court | 2026 |
| Earmarking | Pension attachment order | Not a single date |
Cases started before 6 April 2022 carry on under the old rules, so your paperwork may still use the old words (GOV.UK). Our guide to no-fault divorce explains what else changed.
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A to Z of divorce and family court terms
Choose a letter to jump to it. Each term has its own link, so you can share the exact definition.
A
Acknowledgement of service
The respondent's reply to a divorce application, on form D10 or online. They have 14 days from receiving the papers to say whether they intend to dispute the divorce (GOV.UK).
Add-back
An argument in a financial case that money one person has spent or hidden should be treated as if it were still available to share. Courts only do this in limited cases, such as deliberate waste. See how money and property are split.
Adjournment
When a hearing is put off to a later date, either before it starts or part way through. The court sends a new date, or tells you how one will be fixed.
Adultery
Sex between a married person and someone of the opposite sex who isn't their spouse. It was one of the "five facts" for divorce in England and Wales until 6 April 2022, and is no longer a ground. It is still a fact you can rely on in Scotland and Northern Ireland. See no-fault divorce explained.
Ancillary relief
The old name in England and Wales for financial orders made on divorce. It was replaced by "financial remedy" when the Family Procedure Rules 2010 came into force on 6 April 2011. Northern Ireland still uses the term. See financial remedy.
Answer
The formal document a respondent files to dispute a divorce, after saying so in the acknowledgement of service. There is a court fee, listed on our court fees page.
Applicant
The person who applies for a divorce or court order. Before 6 April 2022 the person applying for a divorce was called the petitioner. In a joint divorce application you are both applicants. See form D8.
Application
The document that starts a court case, such as a divorce application on form D8 or online, or a C100 for children. Before 6 April 2022 a divorce application was called a petition.
Arbitration
A private way to resolve a dispute about money or children, where you both appoint a qualified family arbitrator to make a decision instead of a judge. The decision is usually turned into a court order. It costs more upfront than court fees but is often faster.
Assets
Everything of value either of you owns, such as property, savings, investments, pensions and businesses. See matrimonial assets and our money workbook for gathering the figures.
B
Bailiff service
Asking a court bailiff to hand divorce papers to your spouse in person when other methods have failed, using form D89. There is a court fee, listed on our court fees page.
Barder event
An unforeseen event soon after a financial order that undermines the basis it was made on, such as a death within weeks of the order. It is named after the House of Lords case Barder v Caluori, and the court reopens an order on this basis only in rare circumstances.
Barrister
A lawyer who specialises in advocacy at hearings and in written legal advice. Many family barristers accept instructions directly from the public (direct access), without a solicitor. See whether you need a solicitor.
Bundle
The indexed, page-numbered set of documents the judge reads before a hearing. The court tells you who prepares it and when. People without a lawyer are often asked to bring copies.
C
Cafcass
The Children and Family Court Advisory and Support Service, which advises family courts in England about children's welfare. It carries out safety checks before the first hearing and can be asked to write a report. In Wales the same role is done by Cafcass Cymru. See Cafcass in our directory.
Cafcass Cymru
The Welsh Government service that advises family courts in Wales about children's welfare, doing the same job as Cafcass in England.
Capitalisation
Replacing ongoing spousal maintenance with a single lump sum, so the payments end and both people can make a clean break. See spousal maintenance.
CETV
Cash equivalent transfer value: the figure a pension scheme gives for the value of a pension. It is the starting point in most divorces, but it can understate the value of some pensions, such as final salary schemes. See pensions in divorce.
Child arrangements order
A court order that says who a child lives with, spends time with or otherwise has contact with. It replaced residence and contact orders on 22 April 2014 under the Children and Families Act 2014. Apply on form C100; see applying without a solicitor.
Child Focused Court
A way of running children cases where Cafcass or Cafcass Cymru speaks to the child and reports before the first hearing, so the court focuses early on the child's situation. It began as the Pathfinder pilot and was renamed in 2026 as it is rolled out to more court areas (Judiciary of England and Wales).
Child maintenance
Regular payments from the parent who doesn't have day-to-day care of a child towards the child's living costs. You can agree it between you or use the Child Maintenance Service. See child arrangements after divorce.
Child Maintenance Service
The government service that works out child maintenance in England, Wales and Scotland when parents can't agree. With Direct Pay, parents pay each other with no collection fees. With Collect and Pay, the paying parent pays 20% on top and the receiving parent loses 4% (GOV.UK). Northern Ireland has its own service.
Children Act 1989
The main law about children in England and Wales. It says the child's welfare is the court's paramount consideration and sets out the welfare checklist and the orders the court can make, including child arrangements orders.
Civil partnership
A legal relationship between two people registered under the Civil Partnership Act 2004. It ends by dissolution rather than divorce, through a very similar process and with the same court fee.
Clean break
A financial order that ends all financial claims between you, so neither can ask the other for money in future. It is usually included in a consent order. See consent orders and clean break orders.
Co-respondent
Under the old divorce law, the person named as having committed adultery with the respondent. No one is named in this way under the law in force since 6 April 2022.
Cohabitation agreement
A written agreement between unmarried partners about who owns what and what happens if they split up. See separating when you're not married.
Collaborative law
A way of settling divorce arrangements where each of you has a specially trained lawyer and you all meet together to reach agreement, having signed an agreement not to go to court.
Common law marriage
A popular myth. There is no such thing in England and Wales: living together, however long, doesn't give you the rights of a married couple. See the common law marriage myth.
Conditional order
The court's confirmation that you are entitled to a divorce. You can apply for it at least 20 weeks after the application is issued, on form D84 or online. It replaced the decree nisi on 6 April 2022 and doesn't end the marriage. See how long a divorce takes.
Conduct
Behaviour the court can take into account when deciding a financial case. It only counts if it would be unfair to ignore it, such as serious financial misconduct, which is rare.
Consent order
A financial agreement that a judge has approved, making it legally binding. You send the draft order with form D81 and a court fee of £62. See consent orders explained.
Contact
The old word for the time a child spends with a parent they don't live with. Courts now speak of a child "spending time with" a parent under a child arrangements order. Contact orders were replaced on 22 April 2014.
Contact centre
A safe, neutral place where children can spend time with a parent, sometimes supervised by staff. Some are run by charities and are free or low cost. See co-parenting after divorce.
Contested
A case where the two sides don't agree, so a judge has to decide. Most financial applications are uncontested: in April to June 2026, 72% were (Ministry of Justice).
Courts and Tribunals Service Centre
The HMCTS centres that handle divorce applications, phone calls and emails for the family courts. Most divorce paperwork goes through them rather than a local court. The divorce helpline is 0300 303 0642 (GOV.UK).
Custody
An old word for which parent a child lived with. It was replaced by "residence" under the Children Act 1989, and residence orders were in turn replaced by child arrangements orders in 2014. People still use it, but courts don't.
D
Declaration of trust
A document that records who owns what share of a property, especially useful for unmarried couples. See separating when you're not married.
Decree absolute
The old name in England and Wales for the order that legally ends a marriage. Since 6 April 2022 it has been called a final order. Northern Ireland still uses the term. If you divorced before then, your paperwork will say decree absolute.
Decree nisi
The old name in England and Wales for the court's confirmation that you are entitled to a divorce. Since 6 April 2022 it has been called a conditional order. Northern Ireland still uses the term.
Deemed service
When the court accepts that your spouse has received the divorce papers even though they haven't replied, for example because they said so in a message. You ask using form D11. See divorcing when you can't find your spouse.
Desertion
Under the old divorce law, one of the "five facts": the respondent had left for at least two years without agreement or good reason. It was rarely used and no longer applies in England and Wales. It is still a fact in Northern Ireland.
Designated Family Judge
The senior family judge who leads the family courts in an area. The Ministry of Justice publishes waiting times for each Designated Family Judge area, which we show on our family court pages.
Direct access
Instructing a barrister yourself, without going through a solicitor. Only barristers registered for public access can take this kind of work.
Directions
Instructions from the court about what each person must do before the next hearing and by when, such as filing a statement or getting a valuation. They are set out in a court order, and you must follow them.
Disclosure
Each person giving the other full details of their finances, with documents, so a fair settlement can be worked out. In court cases it is done on Form E. The duty is to give "full and frank" disclosure. See Form E explained.
Dispensed service
When the court allows a divorce to go ahead without the papers being served at all, because you have tried everything to find your spouse. You apply on form D13B.
Disputing a divorce
Since 6 April 2022 a respondent can only dispute a divorce for a genuine legal reason, such as the court not having jurisdiction or the marriage not being valid. They can't dispute it just because they don't want a divorce (GOV.UK).
Dissolution
The legal ending of a civil partnership, the equivalent of divorce. The stages and court fee are the same.
Divorce
The legal ending of a marriage. In England and Wales it takes at least 26 weeks and 1 day from the application being issued to the final order. See divorce step by step.
Divorce, Dissolution and Separation Act 2020
The law that brought in no-fault divorce in England and Wales from 6 April 2022 (SI 2022/283). It removed the need to blame anyone, changed the names of the stages and set a minimum of 20 weeks before the conditional order. See no-fault divorce explained.
Domestic abuse
Abusive behaviour by a partner, ex-partner or family member, including physical, sexual, emotional and economic abuse and controlling or coercive behaviour, as defined in the Domestic Abuse Act 2021. Free help is listed in our domestic abuse directory. In an emergency call 999.
Domestic Abuse Protection Order
A newer protective order that can include conditions such as electronic monitoring or attending a behaviour programme. It is being introduced area by area, and you can apply to the family court on form DA1 if the abuser lives in an area where it is available (GOV.UK).
Domicile
The country you treat as your permanent home, which can differ from where you live now. Domicile is one of the ways the courts of England and Wales can have the power (jurisdiction) to deal with your divorce.
DRA
Dispute resolution appointment: a hearing in a children case, usually after any reports, where the judge tries to help you reach agreement and, if you can't, sets the case up for a final hearing.
E
Earmarking
The old name for a pension attachment order.
Enforcement
Asking the court to make someone comply with an order, such as paying money they owe under a financial order (form D50K) or following a child arrangements order (form C79).
EX160
The paper form for Help with Fees, which can reduce or cover court fees if you have little savings and a low income or certain benefits. See form EX160 and Help with Fees for divorce.
F
Fact-finding hearing
A hearing in a children case where the judge decides whether disputed allegations, such as domestic abuse, are true. The findings then shape the arrangements the court makes.
Family Court
The single court that has dealt with almost all family cases in England and Wales since 22 April 2014, sitting in buildings across both countries. Find yours on our family courts pages.
Family Procedure Rules
The rules that set out how family cases are run in England and Wales, in force since 6 April 2011. They are published online with practice directions that add detail.
FDA
First directions appointment: the first hearing in a contested financial case. The judge decides what more information and valuations are needed. The court rules set it 12 to 16 weeks after the application. See Form A.
FDR
Financial dispute resolution appointment: the second hearing in a contested financial case, where the judge gives a view on what a fair outcome might be to help you settle. What is said at the FDR can't be referred to at a final hearing, so you can talk openly.
FHDRA
First hearing dispute resolution appointment: the first hearing in a children case. The judge looks at the safety checks from Cafcass, tries to narrow the issues and decides what happens next.
Final hearing
The last hearing in a contested case, where the judge hears evidence and makes a decision if you still haven't agreed.
Final order
The order that legally ends a marriage. You can apply 43 days (6 weeks and 1 day) after the conditional order, on form D36 or online, and should apply within 12 months (GOV.UK). It replaced the decree absolute on 6 April 2022. Use our divorce timeline calculator to work out the dates.
Financial order
A court order about money, property or pensions on divorce, such as a lump sum or pension sharing order. It can be agreed (a consent order) or decided by a judge after an application on Form A.
Financial remedy
The legal term for financial orders on divorce in England and Wales since 6 April 2011, when it replaced "ancillary relief". Contested cases are heard by the Financial Remedies Court, a specialist part of the Family Court. See splitting money and property.
Five facts
Under the old law, the five ways to prove a marriage had broken down: adultery, unreasonable behaviour, desertion, two years' separation with consent and five years' separation. They were abolished in England and Wales on 6 April 2022. Northern Ireland still uses them.
FM1
The form a mediator signs to confirm you attended a MIAM, or that you are exempt, before you apply to court about children or money. See form FM1.
Forced marriage protection order
An order to protect someone from being forced into marriage, or to help someone who already has been. There is no court fee.
Form A
The application for a financial order when you can't agree. The court fee is £321. See Form A explained.
Form E
The financial statement each person completes in a financial case, setting out income, property, pensions, debts and needs, with documents. See Form E and our section-by-section guide.
G
Grounds for divorce
In England and Wales the only ground is that the marriage has broken down irretrievably, shown by a statement from one or both of you. Until 6 April 2022 you also had to prove one of the five facts.
H
Habitual residence
Where you normally live as part of your settled life. One or both of you being habitually resident in England and Wales is the most common basis for the courts there to deal with your divorce.
Hearing
A meeting in front of a judge, magistrates or legal adviser, in person or by phone or video. Family hearings are held in private. See what to expect on our family courts page.
Help with Fees
The government scheme that reduces or covers court fees for people with low savings and a low income or certain benefits. Apply online before you pay, or on form EX160. See Help with Fees for divorce.
HMCTS
HM Courts and Tribunals Service, the government agency that runs the courts in England and Wales, including the online divorce service and the family courts.
Home rights
The right of a married person or civil partner to live in the family home even if it is in the other person's sole name. You can protect it by registering a notice with HM Land Registry.
I
Indirect contact
Contact between a child and a parent by letters, cards, calls or video rather than in person. Courts sometimes order it where face-to-face time isn't safe or practical.
Interim order
A temporary order that lasts until a later hearing or final decision, such as interim maintenance. In divorce proceedings you can ask for one on form D11.
Irretrievable breakdown
The only ground for divorce: the marriage has broken down for good. Since 6 April 2022 the court accepts your statement that it has.
J
Joint application
A divorce application made by both of you together. Only one court fee is paid. If your spouse stops responding, you can usually carry on as a sole applicant. See divorce step by step.
Joint lives order
Spousal maintenance that continues until either of you dies, the person receiving it remarries, or the court changes it. See spousal maintenance.
Judicial separation
A court order that lets a married couple live apart and sort out finances without ending the marriage. You can apply in the first year of marriage. See separation or divorce.
Jurisdiction
Whether a court has the legal power to deal with your case. For divorce in England and Wales it usually depends on where you and your spouse are habitually resident or domiciled.
L
Legal adviser
A qualified lawyer employed by HMCTS who can deal with some steps in family cases, including checking divorce applications at the divorce service, and who advises magistrates.
Legal aid
Government funding for legal help. For family cases it is mostly limited to mediation and to cases involving evidence of domestic abuse or child abuse, and it is means-tested. See how much a divorce costs.
Legal services payment order
An order that one spouse pays towards the other's legal costs during the case, where one has far more money than the other.
Litigant in person
Someone who represents themselves in court without a lawyer. Many people in family cases do. Our guide for parents without a solicitor explains each step.
Lump sum order
A financial order that one person pays the other a fixed amount, in one go or in instalments.
M
Maintenance pending suit
Temporary spousal maintenance paid while the divorce and financial case are going on, until a final order is made. See spousal maintenance.
Martin order
An order that lets one person live in the family home until a set event, such as remarrying or choosing to leave, before it is sold and the money divided. It is similar to a Mesher order.
Matrimonial assets
Property and money built up during the marriage, which is usually shared equally as a starting point. See splitting money and property.
Matrimonial Causes Act 1973
The main law on divorce and financial orders in England and Wales. Section 25 lists what the court considers when dividing money and property.
McKenzie friend
Someone who sits with a person representing themselves in court to take notes, help with papers and quietly give advice. The court must agree, and they can't usually speak for you.
Mediation
Meetings with a trained, neutral mediator who helps you and your ex agree arrangements for money or children. See what mediation costs or find a mediator.
Mediation voucher
A government contribution of up to £500 towards mediation for disputes involving children, applied for by the mediator (GOV.UK). See how the voucher works.
Mesher order
An order that delays the sale of the family home, usually until the youngest child reaches a set age, then divides the proceeds. See Mesher orders explained.
MIAM
Mediation information and assessment meeting: a first meeting with a mediator, which you usually have to attend before applying to court about children or money, unless an exemption applies. It has been required since 22 April 2014. See form FM1.
N
Needs
What each person, and any children, reasonably need to live on, especially housing and income. In many divorces the money only stretches to meet needs, so needs decide the outcome. See what happens to the house.
No-fault divorce
Divorce without blaming either person, in force in England and Wales since 6 April 2022. You make a statement that the marriage has broken down irretrievably. See no-fault divorce explained.
Non-matrimonial assets
Property one person had before the marriage, or received as a gift or inheritance. It is often kept out of the sharing, but can be used if it is needed to meet the other person's needs.
Non-molestation order
A court order that stops someone using or threatening violence, or harassing or intimidating you. Breaking it is a criminal offence. There is no court fee, and you apply on form FL401.
Nullity
A court decision that a marriage was never valid (void) or can be cancelled (voidable), for example because it was never consummated. Also called annulment. Unlike divorce, you can apply in the first year. See divorce in the first year of marriage.
O
Occupation order
A court order about who can live in the family home, which can make someone leave or stay away from it. There is no court fee.
Open offer
A settlement proposal in a financial case that the judge is allowed to see. Proposals made "without prejudice" are kept from the judge.
Order for sale
An order that a property must be sold, often with directions on the price, the agent and how the money is split.
P
Parental responsibility
The rights and duties a parent has for a child, such as deciding on schooling and medical treatment. Mothers always have it. Fathers have it if they were married to the mother at the birth or, for births registered from 1 December 2003, are named on the birth certificate, and can also get it by agreement or a court order. It isn't lost on divorce.
Parenting plan
A written agreement between parents about how they will share the care of their children. It isn't legally binding, but it helps avoid disputes. See our co-parenting planner.
Pension attachment order
An order that some of one person's pension is paid to the other when it comes into payment. It used to be called earmarking. See form P2 and pensions in divorce.
Pension offsetting
Leaving a pension with the person who holds it and giving the other person a larger share of other assets, such as the house, to balance it.
Pension sharing order
An order that transfers a percentage of one person's pension into a pension for the other, so each of you has a separate pension. See form P1 and pensions in divorce.
Periodical payments
The legal name for regular maintenance payments, usually monthly. See spousal maintenance.
Petition
The old name in England and Wales for a divorce application. Since 6 April 2022 it has been called an application. Northern Ireland still uses the term.
Petitioner
The old name in England and Wales for the person applying for a divorce. Since 6 April 2022 they are called the applicant. Northern Ireland still uses the term.
Planning Together for Children
A course for separating parents in children cases, run by Cafcass, which the court or Cafcass can ask you to complete. It replaced the Separated Parents Information Programme in April 2023 (Cafcass).
PODE
Pension on divorce expert: an actuary or specialist who reports on how to share pensions fairly, often needed where there are final salary schemes. See pensions in divorce.
Postnuptial agreement
An agreement made during a marriage about how money and property would be divided if you separated. Like a prenup, it isn't automatically binding, but the court will usually follow it if it is fair and was freely entered into.
Prenuptial agreement
An agreement made before marriage about how money and property would be divided on divorce. Courts in England and Wales give it weight if it was entered into freely, with full understanding, and is fair, following the Supreme Court's decision in Radmacher v Granatino in 2010.
Private FDR
A financial dispute resolution meeting with a privately paid, experienced lawyer or judge acting as the evaluator, instead of waiting for a court FDR.
Prohibited steps order
A court order that stops a parent doing something specific, such as taking a child abroad or changing their school. Apply on form C100. See taking children abroad.
Property adjustment order
A financial order that transfers property from one person to the other, or changes who owns what. See what happens to the house.
R
Residence order
The old order saying who a child lived with. It was replaced by the child arrangements order on 22 April 2014. Scotland still uses residence orders.
Respondent
The person who receives an application, such as the spouse of someone who applies for a divorce on their own. The name didn't change in 2022.
S
Safeguarding letter
A letter from Cafcass or Cafcass Cymru to the court before the first hearing in a children case, setting out the results of police and local authority checks and any safety concerns.
Schedule 1 claim
A claim under Schedule 1 to the Children Act 1989 for financial provision for a child, often used by unmarried parents, such as a lump sum or housing for the child. See separating when you're not married.
Section 25 factors
The list in section 25 of the Matrimonial Causes Act 1973 of what a judge considers in a financial case, including income, needs, age, length of marriage, contributions and the welfare of any children (legislation.gov.uk).
Section 7 report
A report Cafcass or a local authority writes for the court in a children case, looking at the child's welfare and wishes. It is named after section 7 of the Children Act 1989.
Separation
Living apart as a couple. It has no legal process in itself in England and Wales, and you don't need to be separated for any time before you divorce. See separation or divorce.
Separation agreement
A written agreement about money, property and children when you separate but don't yet divorce. It isn't automatically binding. See separation agreements.
Service
Formally delivering court papers to the other person, by email, post or in person. Divorce papers are usually sent by the court. See when you can't find your spouse.
Sole application
A divorce application made by one person alone. The other spouse becomes the respondent. See form D8.
Solicitor
A qualified lawyer regulated by the Solicitors Regulation Authority who can advise you, negotiate and represent you. See do I need a solicitor? or find a family solicitor.
Specific issue order
A court order deciding one particular question about a child's upbringing that parents can't agree on, such as which school they go to. Apply on form C100.
Spousal maintenance
Regular payments from one former spouse to the other after divorce. There is no formula: the court looks at income, needs and the standard of living. See spousal maintenance.
Statement of irretrievable breakdown
The statement in a divorce application that the marriage has broken down irretrievably. Since 6 April 2022 the court must accept it as proof; no reasons are needed.
Statement of truth
A signed declaration that the facts in a document are true. Making a false statement of truth without an honest belief in it can be contempt of court.
Supervised contact
Time a child spends with a parent while another person, such as contact centre staff, watches to make sure the child is safe.
T
Term order
Spousal maintenance that lasts for a fixed period. The court can add a bar so it can't be extended. See spousal maintenance.
TOLATA claim
A court claim under the Trusts of Land and Appointment of Trustees Act 1996 about who owns a property and in what shares, the usual route for unmarried couples who disagree about a home. See separating when you're not married.
U
Uncontested
A case where both sides agree, such as an undefended divorce or a consent order. Uncontested cases are quicker and cheaper. See how much a divorce costs.
Undertaking
A formal promise to the court, which can be enforced like an order. People sometimes give undertakings instead of the court making an order against them.
Unreasonable behaviour
Under the old law, the most common of the five facts: the respondent had behaved so that the applicant couldn't reasonably be expected to live with them. It was abolished in England and Wales on 6 April 2022. Scotland and Northern Ireland still use behaviour as a ground. See no-fault divorce explained.
V
Variation
Asking the court to change an order, such as increasing or ending spousal maintenance. Most capital orders, like a lump sum or property transfer, can't be varied.
W
Welfare checklist
The list in section 1(3) of the Children Act 1989 that a court considers in a disputed children case, including the child's wishes and feelings, needs, age and any risk of harm.
Wishes and feelings
What a child says they want, which the court considers in the light of their age and understanding. Cafcass often reports on them.
Without notice
An urgent application dealt with before the other person is told about it, such as an emergency non-molestation order. The court then sets a further hearing so they can respond.
Without prejudice
A label on a settlement offer or discussion that means it can't be shown to the judge, so people can negotiate openly.
Divorce terms in Scotland and Northern Ireland
Scotland and Northern Ireland have their own divorce law and courts, and some of the words are different. No-fault divorce under the 2020 Act doesn't apply in either. Read our guides to divorce in Scotland and divorce in Northern Ireland for the full process.
Pursuer
Scotland: the person who starts a divorce. The other spouse is the defender.
Defender
Scotland: the person a divorce action is raised against, the equivalent of the respondent.
Sheriff court
Scotland: the local court where most divorces are dealt with. The Court of Session in Edinburgh can also grant divorces.
Simplified procedure
Scotland: a do-it-yourself divorce for couples relying on one or two years' separation, with no children under 16 and no money to sort out. The sheriff court fee is £156 from 1 April 2026 (SCTS). See divorce in Scotland.
Relevant date
Scotland: usually the date you separated, or the date divorce papers were served if earlier. Matrimonial property is valued at this date. See divorce in Scotland.
Matrimonial property (Scotland)
Scotland: property either of you acquired during the marriage up to the relevant date, including a home bought for the family to live in, which is shared fairly, usually equally (Family Law (Scotland) Act 1985).
Minute of agreement
Scotland: a formal separation agreement drawn up by solicitors and usually registered so it can be enforced.
Aliment
Scotland: the legal term for financial support paid to a spouse or child, similar to maintenance.
Cohabitant claim
Scotland: a financial claim by an unmarried partner after separating, which must be started within one year of the day you stopped living together (Family Law (Scotland) Act 2006, section 28). See divorce in Scotland.
Decree nisi and decree absolute (Northern Ireland)
Northern Ireland still uses these terms. You can apply for the decree absolute six weeks and one day after the decree nisi (nidirect). See divorce in Northern Ireland.
Five facts (Northern Ireland)
Northern Ireland: you still have to show one of adultery, unreasonable behaviour, two years' desertion, two years' separation with consent or five years' separation, and you must have been married for two years (Matrimonial Causes (Northern Ireland) Order 1978). See divorce in Northern Ireland.
Matrimonial Office
Northern Ireland: the office at the Royal Courts of Justice in Belfast where divorce petitions are lodged (Department of Justice).
Ancillary relief (Northern Ireland)
Northern Ireland: the term still used for financial orders on divorce, such as lump sums, property adjustment and maintenance.
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Get matchedCommon questions
What is a decree nisi called now?
In England and Wales a decree nisi has been called a conditional order since 6 April 2022, when no-fault divorce came in. It confirms you're entitled to a divorce but doesn't end the marriage. Northern Ireland still uses the term decree nisi.
What is a decree absolute called now?
It's called a final order. You can apply for it 43 days (6 weeks and 1 day) after the conditional order. It's the order that legally ends the marriage in England and Wales.
Is the petitioner still called the petitioner?
No. Since 6 April 2022 the person who applies for a divorce in England and Wales is the applicant, and the divorce petition is called an application. The other spouse is still the respondent.
Can you still divorce for adultery or unreasonable behaviour?
Not in England and Wales. Since 6 April 2022 you only need to state that the marriage has broken down irretrievably, without blaming anyone. Adultery and behaviour are still grounds in Scotland and Northern Ireland.
What is the difference between a child arrangements order and custody?
Custody is an old word that courts no longer use. A child arrangements order, in use since 22 April 2014, says who a child lives with and spends time with. It replaced residence and contact orders.
Sources
- legislation.gov.uk, Divorce, Dissolution and Separation Act 2020 (Commencement) Regulations 2022
- GOV.UK, Get a divorce: how to apply, the conditional order and the final order
- legislation.gov.uk, Family Procedure Rules 2010 (in force 6 April 2011)
- legislation.gov.uk, Children and Families Act 2014 (Commencement No. 2) Order 2014
- legislation.gov.uk, Matrimonial Causes Act 1973, section 25
- GOV.UK, Child Maintenance Service: making and receiving payments
- GOV.UK, Family Mediation Voucher Scheme
- GOV.UK, Domestic Abuse Protection Notices and Orders
- Cafcass, Planning Together for Children launch (3 April 2023)
- Judiciary of England and Wales, A View from the President of the Family Division's Chambers (April 2026)
- Scottish Courts and Tribunals Service, Sheriff court fees from 1 April 2026
- nidirect, Getting a divorce or dissolving a civil partnership
- Department of Justice (Northern Ireland), Matrimonial proceedings
Keep reading
This glossary is general information about divorce and family law, not legal advice. Laws, fees and procedures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 20 October 2026.