Divorce – Jargon [technical terms]
Sadly, divorce involves the use of some jargon. The most commonly used words and phrases involved in divorce proceedings are:
- Petitioner
- The person who applies for a divorce.
- Respondent
- The person named as the other party to the marriage in the Divorce Petition.
- Divorce Petition
- The form used to apply to the Court for a divorce. It contains details of the parties, when they married and the ground and fact for divorce.
- Ground for Divorce
- There is only one ground for divorce: that the marriage has irretrievably broken down. This is proven by one of five facts:-
- Facts
- (a) Adultery by the Respondent
(b) Unreasonable behaviour by the Respondent
(c) Desertion by the Respondent for two continuous years
(d) Separation for a period of two continuous years (the Respondent must consent to a divorce in this case)
(e) Separation for a period of five continuous years (the Respondent does not need to consent to a divorce in this case) - Statement of Arrangements for Children
- The form to accompany the Divorce Petition if the parties have children. The form contains information about the children, where they go to school, where they live etc.
- Costs
- The Petitioner may ask that the Respondent pay all or a percentage of the Petitioner's costs of the divorce proceedings. If the Respondent does not agree, both parties will need to attend a hearing for the Court to decide how much the Respondent should pay. This can be an expensive process, so it is easier and cheaper to try to agree how much the Respondent should pay. This only covers the mechanics of the divorce - not financial matters.
- Acknowledgement of Service
- The form sent to the Respondent by the Court together with the Divorce Petition. The Respondent acknowledges receipt of the proceedings, confirms whether or not he/she will defend the divorce and whether he/she agrees to contribute to the Petitioner's costs.
- Affidavit
- Once the Respondent returns the Acknowledgement of Service, so long as the Respondent is not defending the proceedings, the Petitioner must swear an Affidavit. The Affidavit confirms to the Court that the Petitioner has seen the Acknowledgement of Service and still wishes to proceed with the divorce.
- S41 Hearing
- If the Petitioner and Respondent still live together with any children of the family, the Petitioner and Respondent will need to attend a S41 Hearing. Solicitors do not normally attend. It is usually a short Hearing to enable a Judge to satisfy himself/herself that he/she need make no orders in relation to the welfare of the children.
- Decree Nisi
- The half way stage of the divorce. Decree Absolute may be applied for 6 weeks and 1 day after the date of the Decree Nisi.
- Decree Absolute
- The final order dissolving the marriage. This document is required by the parties should they wish to remarry.
For further explanation or definitions of other terms, please contact Elizabeth Hodder at eah@gross.co.uk or Julie McDonald at jm@gross.co.uk for further help.