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Adultery
Voluntary full sexual intercourse between a married person and a person who is not their husband or wife.
Ancillary Relief
Financial orders made by the courts in divorce or judicial separation proceedings. For example: regular maintenance; a lump sum; or a transfer of property.
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Care and Attention
Your case becomes more complex or has to be dealt with urgently, this is a term to describe the extra legal charge imposed by your solicitor.
Clean Break
A one-off order that deals with all the finances between a husband and wife. There can be no subsequent claim for any maintenance even if circumstances change (There can be no clean-break regarding children, this is just between spouses).
Co-Respondent
The person adultery has been committed with. This applies only where adultery is the reason for the divorce. Co- respondents are not usually named.
Conditional Order
For civil partners, this is equivalent to a decree nisi. So it is the first decree of dissolution, when the court is satisfied that the grounds for the dissolution have been proved. It does not end the civil partnership.
Contact
The arrangement for the child to visit or stay with the parent who longer lives with the child. Indirect contact means the exchange of letters or phone calls. Contact orders can also be made in favour of others, for example grandparents.
Conciliation
This is a type of mediation usually in court which helps couples to sort out arrangements for children rather than financial issues. If it is outside of the court process, it is usually known as mediation.
Conflict of Interests
Solicitors use this term when, for example, they are unable to represent you due to other professional relationships.
Consent Order
An order made by a court in terms agreed by both husband and wife.
Custody
No longer used. See residence.
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D

Decree Absolute
For a married couple, this is the final stage of divorce. At this point you stop, legally, being husband and wife. The equivalent for civil partners is a dissolution order.
Decree Nisi
The first decree of divorce for married couples, when the court is satisfied that the grounds for the divorce have been proved. This does not end the marriage. The equivalent for civil partners is a conditional dissolution order.
Disclosure
The process of providing full financial details, including income, assets and liabilities. This is either done voluntarily, or the court can order it. This must be full and frank.
Dissolution order
For civil partners, this is the equivalent of a decree absolute. The civil partnership ends only when the order has been made.
Duxbury Calculation
A tool used in a clean break situation, a formula to calculate the lump sum necessary based on the amount of maintenance payable and life expectancy.
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Judicial Separation
A court order ending in a decree of judicial separation which enables the court to make orders about finances and other orders similar to divorce cases.
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Maintenance
The amount of money one spouse pays to the other for ongoing financial support on a regular basis, either just for the spouse or for children too.
Maintenance Pending Suit
If the divorce process takes some time, temporary maintenance can be requested pending the end of the divorce.
Matrimonial Home Rights
These are the rights of occupation of both spouses to live in the family home until the decree absolute. If there is domestic abuse or violence (refer to our articles in Child Aid and this section for information), you should seek immediate advice from your solicitor or the police as the courts have powers to alter this arrangement in some cases.
Mediation
This is a method of coming to agreements about children and/or finances with the help of a trained mediator/s See also our articles in Child Aid and this section on mediation.
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Non-Resident Parent
The CSA now uses this term instead of absent parent, meaning the parent living away from the child.
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Pending Suit
This means while the divorce is in process and before the decree absolute.
Petition
The document that sets out the reason for the divorce or judicial separation and asks the court to grant it.
Petitioner
The person who starts the proceedings by filing a petition at the court.
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R

Reserved Costs
This is when a decision about costs will be made later during proceedings.
Residence
Where the children will live and who they will live with after the divorce.
Respondent
The person the petition is filed against.
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S

Separation Agreement
A document setting out the terms agreed usually before divorce proceedings. A solicitor should be consulted before signing.
Special Procedure
When a divorce is undefended, the decree can be issued without either spouse having to appear at court.
Statement of Arrangements
The form sent to the court with the petition if there are any children. It sets out proposed arrangements for the children. If possible, this should be agreed between both parents and signed.
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Without prejudice
If a document or a conversation is described as being ‘without prejudice’ it means that it can’t be quoted in court, or shown to a judge. You use the term so that you can explore options in negotiations without being bound to them until everything is agreed.
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Divorce Glossary - Legal Advice Helpline