This article follows January’s article and covers the most common divorce phrases used in financial remedy proceedings.

Common Divorce Phrases – legal jargon

Ancillary Relief – this is the old term used for financial remedy proceedings or the application made by one party for a financial order as part of the divorce.

Child Maintenance – payments made by the non-resident parent for the children of the family. This is usually calculated using the Child Maintenance Service (CMS) formula but it is possible for voluntary payments to be made over and above the CMS rate.

Clean Break – a settlement which severs all financial ties between the parties during life and upon death. If a clean break agreement is in place, it is not possible to bring and further claims in the future and there are no ongoing maintenance payments between either party.

Consent Order – the formal legal document setting out the terms of the financial settlement. Once this document has been approved by the Court, the terms are binding and enforceable on both spouses.

Form A – the court form lodged at Court to start financial remedy proceedings.

Form E – the standard form used for financial disclosure in which the parties evidence their financial position. The form covers assets, debts, pensions and income. If an application to Court is made, the Court gives a timetable for the exchange of Forms E. This form is also used for voluntary settlement negotiations outside the remit of the Court.

Lump Sum – a capital payment made to a spouse either as one payment or in a series of instalments.

Order for Sale – an order which makes provision for a house, property or land to be sold with the proceeds of sale being divided between the parties either by agreement or in shares ordered by the Court.

Pension Sharing Order – an order which makes provision for all or some of one spouse’s pension to be transferred to the other. The share is transferred at the time the overall settlement is reached, not upon retirement.

Periodical Payments – another term for maintenance payments which refers to income for a spouse or for a child.

Property Adjustment Order – an order for one spouse to transfer to the other, their interest in a property.  This usually relates to a house or land, but can also cover other assets such as house contents or vehicles.

Spousal Maintenance – payments made by one party to their spouse to assist with their monthly needs and outgoings.

Court Hearings

First Directions Appointment (FDA) – the first hearing listed by the Court after the application for a financial order is made. This hearing is used to “sign-post” the case forward and orders for valuations, expert reports or further disclosure are often made. The judge will not generally give an indication as to settlement at this hearing.

Financial Dispute Resolution (FDR) – this is the second hearing listed by the Court after the application for a financial order is made. This hearing is used to negotiate a settlement. The judge will listen to both parties’ positions and give an indication as to an appropriate settlement.

Final Hearing – if it is not possible to reach a settlement at the FDR, a judge will list a Final Hearing. At this stage evidence is given from both parties and experts and the judge will hear the case in full. The judge will then decide what the settlement should be and by this time, the parties lose the ability to negotiate or decide on the division themselves.