Here is a guide to some of the most common phrases used in divorce suit proceedings. Part Two of this article will cover terms used in financial proceedings.
Common Divorce Phrases – legal jargon
Acknowledgement of Service – this is a form which is completed by your spouse once divorce proceedings have been issued and served by the Court. It confirms that they have received the Divorce Petition.
Behaviour Particulars – examples cited in a Divorce Petition about the other spouse detailing their unreasonable behaviour. It is usual to include five or six examples, one of which must have occurred in the six months prior to the presentation of the Divorce Petition. Your solicitor will draft the examples in the body of the petition and usually try and agree them with your spouse before the paperwork is filed at Court.
Contested Divorce – this is where the Respondent spouse to the divorce proceedings defends the Divorce Petition and does not accept the grounds for divorce.
Co-Respondent – the person with whom a spouse has allegedly committed adultery. They can be named in the Divorce Petition, and they then become a party to the divorce proceedings.
Cross Petitioner – in the event the Respondent spouse contests or defends the Divorce Petition or the grounds upon which the Petition is based, they can submit a further petition into court alleging the breakdown of the marriage was for a different reason to the one stated by the Petitioner spouse.
Decree Absolute – this is the final stage of the divorce and brings the marriage legally to an end. The marriage or civil partnership is formally dissolved.
Decree Nisi – this is the middle stage of the divorce and the point at which the divorce proceedings often “pause” whilst financial matters are dealt with. Once the Decree Nisi is pronounced, it is an indication that the Court is satisfied that the ground for divorce is established and proved.
Divorce costs – the legal costs and fees incurred by the parties in relation to the divorce suit. These are separate from the costs incurred in dealing with the financial settlement and cover the solicitors’ fees and also the court fee for filing the Divorce Petition. It is often the case that the Petitioner’s costs are divided between the parties or the Respondent makes a contribution towards them.
Divorce Petition – the document completed by your solicitor to commence the divorce proceedings in court. It is approximately 15 pages long and includes your personal details and details as to your marriage. Your original marriage certificate must be filed at court with the Divorce Petition.
Judicial Separation – a formal separation administered through the court often used by parties who are adverse to a divorce for religious reasons.
Petitioner – the spouse who makes the application in court for divorce.
Respondent – the other spouse who receives the application for divorce from the Court.