Divorce and family law

A term used to refer to a child being of sufficient age, understanding and maturity to give the court their own views, and to act independently of any adult – typically a teenager over the age of 13/14.

A layman’s term for an Injunction Order made pursuant to S37 Matrimonial Causes Act 1973. It will stop a party from disposing of money or assets pending a final decision being made by the court about distribution of that money or assets.

A lengthy pre-printed form which you may have to complete if there are financial proceedings or used voluntarily as part of the financial disclosure process.

A hearing when the court decides whether or not certain facts are proven on the balance of probabilities e.g. whether or not domestic violence has occurred.

The terms of agreement in relation to the finances between spouses or civil partners usually following a divorce or dissolution.

Financial proceedings relating to property, money and pensions within divorce, civil partnership dissolution or Judicial separation.

Can be sorted out by agreement, or by Order of the Court upon application, but will not automatically be dealt with by the court as part of the divorce process.

A Financial Dispute Resolution hearing relates to finances and is one where both parties are encouraged by the court to come to an agreement. FDRs can also take place privately outside of the court system.

The family section of the Magistrates Court where family cases are heard by a bench of Magistrates supported by a Legal Adviser.

An earmarking order is an option for splitting up pension rights on divorce or judicial separation. It means that a proportion of the pension is specified (earmarked) to go to the spouse usually on retirement. It is an option rarely exercised since pension share orders became available in December 2000.