Glossary of Family Law Terms

Arbitration

This is a form of private Non-Court dispute resolution in which the parties select their Arbitrator to conduct an arbitration hearing. The Arbitrator would make a binding “award”. Arbitration can deal with both children and financial matters.

Domestic Abuse

Domestic Abuse is defined as “physical or sexual abuse, violent or threatening behaviour, control or coercion, economic, psychological or emotional abuse”. It is a far-reaching term and can affect anyone. It is a pattern or form of behaviour on the part of the abuser designed to control his or her partner.

Cafcass – Children and Family Court Advisory and Support Service

An organisation who represents the interests of the children and young persons where there are family court proceedings. They are asked by the court to prepare an initial safeguarding letter in all court proceedings and often will be involved during the case, working with children and their families to assist the court on what it considers to be in the children’s best interests.

CAO – Child Arrangements Order

A Court Order that specifies who a child lives with (‘Live with Order’) and who else they spend time with (‘Spend Time with Order’) and when. This replaced Residence Orders and Contact Orders.

CETV – Cash Equivalent Transfer Value

This is a value of a pension fund used within financial matters in divorce proceedings and can also be known as a CEV.

Clean Break

A Court Order which disposes of any future financial claims by one spouse against the other following a divorce.

CMS – Child Maintenance Service

This government body administers the calculation, collection and enforcement of child maintenance payments in almost all cases where an informal arrangement is not possible. Parents who live apart do not have to use the service unless there is a dispute over payments that they cannot resolve themselves.

Conditional Order

A Conditional Order does not finalise the divorce or dissolution; instead, it is a document that says the court does not see any reason why you cannot end your marriage or civil partnership. It used to be called the Decree Nisi.

Consent Order

A judge approved Order confirming an agreement between the parties. The agreement is legally binding and enforceable. A Consent Order can be obtained in children proceedings or financial proceedings.

Early Neutral Evaluation

This is a non-binding form of Non-Court dispute resolution and can be used by parties to get an initial indication on their dispute, from an independent third party who specialises in the relevant field (e.g. children matters / financial matters). It can help to ‘focus the minds’ and assists the parties in moving forward to an early settlement.

FA – First Appointment

Also referred to as an FDA (First Directions Appointment). This is the first hearing within a financial remedy application and is mainly to deal with case management/administration.

Family Consultant

A family consultant is a trained relationship therapist and/or coach who can help separated couples navigate the process of separation and divorce. They provide invaluable emotional support and practical advice and often support the couple / an individual through the whole process.

FDR- Financial Dispute Resolution

This is the second court hearing in a financial remedy application. It is a without prejudice hearing, providing an opportunity for the parties to negotiate a final financial settlement with the input and assistance of a family judge. The judge will look at all information, including without prejudice offers made by each party, to assist the parties in reaching an agreement.

The judge cannot impose a decision on the parties at this hearing, however, can indicate what they would order at a final hearing. The judge who conducts the FDR can have no further role in the case if it proceeds to a final hearing, other than making directions at the FDR.

FHDRA – First Hearing Dispute Resolution Appointment

This is the first court hearing in relation to cases involving children. A CAFCASS officer may be present. The FHDRA provides an opportunity for the parties to be assisted to understand the issues that divide them and to reach agreement. If agreement is reached the court will be able to make an Order, in many cases the final Order reflecting that agreement. If agreement cannot be reached, remaining issues will be identified and the CAFCASS officer will advise the Court of any recommendations for resolving the issues and directions will be given including listing a further hearing.

Final Order

This is the final document within divorce proceedings and confirms the parties are divorced. It used to be called the Decree Absolute.

Financial Neutral

This is a financial professional (such as an Independent Financial Advisor) who is instructed to work in collaboration with both parties during the mediation / collaborative law / one-couple one lawyer process.

FMH – Former Matrimonial Home

The home where the couple resided as their main home before separation.

Form E

The standard form used within financial remedy proceedings and outside of Court proceedings to facilitate financial disclosure between parties.

ICFA – Improving Children and Family Arrangements

Is the name of the service designed by Cafcass to help families agree safe, beneficial and sustainable child arrangements when they are finding it difficult to do so on their own. ICFA can only be appointed by the Court.

Intervenor

An intervenor is a term used for a third party (such as a parent/family member/friend) who is claiming an interest in property that is the subject of dispute in financial remedy proceedings.

Kinship Carers

This is a term used for a family and friends care arrangement where a child cannot be cared for by their parent(s).

McKenzie Friend

A McKenzie friend accompanies a person who does not have legal representation to court. They can offer support and guidance however, can not address the court on the person’s behalf. McKenzie Friends are not legally qualified.

Mediation

Family mediation is a process in which an independent, professional trained mediator assists you to resolve children and / or financial matters arising out of your separation. A mediator is an impartial third party who is there to help facilitate an agreement. Mediation is a voluntary process.

MIAM – Mediation Information Assessment Meeting

This is an initial meeting that is carried out by an authorised family mediator to assess whether mediation is suitable. A mediator would also discuss at that meeting other ways of resolving the case by using Non-Court dispute resolution methods. Anyone seeking to make an application to the family court must first attend a MIAM unless certain exemptions apply.

NCDR – Non-Court Dispute Resolution

Non-court dispute resolution refers to the variety of ways people can resolve a family dispute without attending court. It is also known as alternative dispute resolution (ADR) and can be used to resolve issues relating to money and/or arrangements for children. This includes mediation, arbitration, the collaborative process and private court hearings such as a private FDR.

Non-Molestation Order

A family law injunction that protects victims of domestic abuse. The Order prohibits certain types of behaviour and if the respondent breaches the Order, it is automatically an arrestable offence.

Occupation Order

This is an Order that can regulate the occupation of a property (often the family home). A Court can enforce, declare or restrict rights to occupy a home. An application for an Occupation Order is often made alongside an application for a Non-Molestation Order.

Parenting Plan

This is a voluntary, written agreement made between parents. It can set out the agreement you have reached regarding the care of your children – for example when they are to see both parents.

pFDR – Private Financial Dispute Resolution Hearing

This is a voluntary private court hearing and is a very good alternative to the traditional court route. You can select which ‘Judge’ you would like to hear your case. The ‘Judge’ is often a specialist Barrister and can spend the whole day with you to assist in resolution of your case. pFDRs have a very good success rate.

PODE – Pension Expert on Divorce

Often in financial matters arising out of a divorce, a PODE is required to prepare an actuarial report on the pensions in the marriage and how they can be split fairly. The PODE is often instructed on a joint basis and the costs are usually shared equally as well.

PR – Parental Responsibility

Parental Responsibility provides parents with the responsibility of making all the important decisions in their child’s life. This includes a child’s education, religion and medical care but also day to day decisions, for example, nutrition, recreation and outings. You will have parental responsibility for your child where you were married when the child was born and always for unmarried mothers. For unmarried fathers they will have parental responsibility if they are named on the birth certificate for any child born after 1 December 2003.

PSO – Pension Sharing Order

A Court Order that can be made within financial remedy proceedings that provides for a pension fund to be shared between spouses.

PSO – Prohibited Steps Order

An Order made in children proceedings by the Court that prevents someone from doing something in relation to a child, for example, taking them abroad, changing their surname or removing them from the care of the other parent.

Resolution

A national organisation of family law professionals who are committed to an amicable and constructive resolution of family law matters. Resolution.org.uk

Resolution Together (One Couple – One Lawyer)

This is where a trained lawyer can act for a couple (instead of one person) and assist them to work together, in a family focused way to reach an agreement on financial and/or children matters arising out of their separation.

SGO – Special Guardianship Order

An Order appointing a person, often a family member (not the birth parents) as the child’s special guardian. This provides the guardian with parental responsibility for the child whilst they are in their care. The guardian can use the parental responsibility to the exclusion of anyone else with parental responsibility. However, this Order does not extinguish the parent’s parental responsibility.

SIO – Specific Issue Order

An Order made in children proceedings which deals with a specific issue relating to a child, for example, which school they are to attend.

Welfare Checklist

The statutory checklist that the family court considers when dealing with cases involving children. It can be found at s.1 of the Children Act 1989.

Useful information:

Financial Consent Order Leaflet

Cohabitation Leaflet

Separation and Your Will Leaflet

Client Guide – Family

Client Guide – Resolution Together