Family law and Divorce jargon refers to the specialist legal terms and phrases commonly used in divorce, dissolution, financial and children disputes, and matters involving cohabitation in England and Wales.
Having a clear understanding of these terms is crucial for anyone involved in proceedings to end their relationship, marriage, or civil partnership, or seeking legal advice. Very often these terms can have specific meanings that may be confusing for those encountering these terms for the first time.
Below is a selection of jargon commonly used in separation, dissolution and divorce in England and Wales, along with a brief explanation in plain English to help you along the way.
Acknowledgement of service form – This is the form that is used by the Respondent in divorce or dissolution proceedings to acknowledge receipt of an application and accompanying documents.
Amicable divorce – An amicable divorce is where a couple decide to end their relationship in an environment of mutual respect and dignity. It is an intention to resolve matters without resentment and hostility, and a desire to avoid an expensive legal battle.
Application for divorce or dissolution – This is the document used to commence divorce or dissolution proceedings and contains basic factual information about the relationship, and a statement that the Applicant or Applicants consider the relationship to have irretrievably broken down.
Civil partner – A civil partner is a person who is in a legally recognised relationship with another person, known as a civil partnership. This relationship is similar to marriage and is available to both same-sex and opposite-sex couples.
Civil partnership – A Civil partnership provides couples with legal recognition and protections similar to marriage, without the traditional or religious connotations of having to get married. Unlike marriage, civil partnerships do not require vows.
Civil partnership certificate – A civil partnership certificate is an official document that serves as legal evidence and formal proof that a civil partnership has been legally recognised. A certificate includes the names of both civil partners, the date and place of the civil partnership, and the signatures of the partners, witnesses, and registrar.
Conditional Order – The Conditional Order confirms that a person is entitled to a divorce, but they still must wait at least 6 weeks and 1 day before they can apply for the Final Order to end their marriage. When the Final Order is granted – a person is divorced.
Cooling off period – A cooling off period is a mandatory 20-week period during divorce or dissolution in England and Wales. The period begins when the divorce application is issued by the court. The purpose of the 20-week period is for the couple to reflect on their decision to divorce, and to make arrangements regarding finances and children, if necessary.
Divorce Anxiety – This refers to the intense feelings of stress, fear, worry, and uncertainty that many people experience during or after the end of a marriage or civil partnership. The anxiety can last anywhere from several weeks to a couple of years, depending on various factors. Divorce anxiety can often be effectively managed with self-care, a strong support network of friends and family, access to counselling and therapy, and using legal professionals to address practical issues such as childcare arrangements, housing, and resolving financial matters.
Dissolution – Dissolution is the legal process to end a civil partnership.
Divorce Coach – A Divorce Coach helps by motivating and arming you with the knowledge, communication and negotiations skills, and strategies to help you handle and navigate the various challenges of separation or divorce. A divorce coach’s role is to problem solve and help their client move forward in a positive way as they go through the difficult project of separation or divorce.
Divorce party – Is a party or event that celebrates the end of a marriage or civil partnership. It can be a way for individuals to find closure. It can involve either one or both members of the separating couple and is often seen as a way to move forward and mark the start of a new chapter in their lives.
Divorce U-turn – A divorce U-turn is where a couple reconcile even late in the divorce process. As long as the Final Order in the divorce has not been pronounced, a couple can apply to the court to withdraw their divorce application at any stage.
DIY Divorce – A Do-It-Yourself divorce is where someone takes full responsibility in handling their own divorce proceedings without hiring a Solicitor or using professional legal services.
Empty Nest Divorce – An empty nest divorce refers to a divorce that occurs after a couple’s children have grown up, left for university, or left home to start independent living. This leaves their parents with an empty nest.
Final Order – A Final Order legally ends a marriage or civil partnership and is irreversible once pronounced. Once a Final Order is granted, the divorce or dissolution is final and cannot be undone.
Grey divorce – A grey divorce refers to the separation or divorce of couples typically over the age of 50.
Informal separation – An informal separation is when a married couple or civil partners decide to live apart without any legal process or formal legal documentation to recognise their separation. Any agreements about finances, property or children are made privately between the couple themselves, often verbally and, without enforceability should a dispute arise.
Invisible Divorce – An invisible divorce, also known as a silent divorce, occurs when a married couple remains legally married but has effectively ended their emotional and often physical relationship. With an invisible divorce, spouses continue living together, but act more like house mates rather than a united couple. They spend little time together and engage in their own activities, hobbies, and social circles.
Irretrievable breakdown of marriage – A marriage or civil partnership that has deteriorated to a point where it cannot be restored, fixed, corrected or repaired.
Joint divorce – A joint divorce is where a couple mutually agree to end their marriage and submit an application for divorce together. Both parties are applicants and agree to work jointly, and are equally responsible for the divorce throughout. Joint divorces are a more amicable and cost-effective way to end a marriage.
Judicial Separation – Judicial separation, also known as Legal Separation, does not legally end a marriage as with divorce. It formally ends a couple’s obligation to live together, but they remain legally married after obtaining a Judicial Separation.
Legal Separation – This is a court-approved arrangement where the couple lives separately. The court can issue orders regarding property division and maintenance payments.
Living Apart Together – Is a relationship arrangement where couples are in a committed romantic relationship but choose to live in separate homes and preserve their personal space and independence. The arrangement is distinct from traditional cohabitation or marriage, where a couple share a home.
Mutual divorce – A mutual divorce is where both spouses agree their marriage has irretrievably broken down and decide to end their marriage amicably and present a joint application for divorce.
No fault divorce – a No fault divorce is a legal process that allows couples to get divorced without one person having to prove that the other did something wrong, or is at fault. Instead, they simply state that the marriage has irretrievably broken down.
No Split Divorce – A no split divorce is when a couple amicably end their marriage or civil partnership, finalise financial matters as part of the divorce, but remain living under the same roof with the children.
One couple, One lawyer – Also known as the one lawyer model – is an approach where a single lawyer represents both parties jointly instead of each person hiring their own lawyer.
Permanent Separation – The couple agree to live separately with no intention of reconciling, and often enter into a Separation Agreement.
Post separation Abuse – Post separation abuse refers to abusive behaviours by any former partner or spouse after the end of a relationship. This can include stalking, harassment, manipulation, and economic control.
Process Server – A person who personally serves legal documents upon an uncooperative spouse or civil partner. Service can take place by either handing the documents directly to the other party, or leaving the documents with another competent adult at the respondent’s home address or workplace.
Respondent – A Respondent is the person who receives the application for a divorce initiated by their spouse. The term also applies to the dissolution of civil partnerships.
Same roof separation – This is where a couple share the same home but live separately and have minimal communication. This is often done due to financial constraints preventing one partner from moving out.
Separation Deed – A Separation Deed is another term for a Separation Agreement. It is a legally binding contract between separating couples that outlines the terms of their separation.
Silent Divorce – A silent divorce is essentially where a couple lives together, apart. It is a gradual emotional separation between couples where the intimacy, love, and connection slowly erodes, leaving partners feeling more like roommates than romantic partners.
Silver splitters – Also known as grey divorcees, are older couples who decide to end their marriage later in life, typically in their 50’s or 60s.
Statement of irretrievable breakdown – A formal statement made by one or both parties in an application for divorce or dissolution that the relationship has irretrievably broken down.
Trial Separation – This is a temporary arrangement where the couple lives separately to decide if they want to reconcile or divorce.
Void marriage – A marriage that never existed from the start. Although a void marriage is automatically invalid, it is still necessary to commence nullity proceedings to annul the marriage.
Voidable marriage – A voidable marriage is a legally valid marriage until it is annulled by a court order. There are time limits for applying for annulment of a voidable marriage – generally within 3 years of the marriage date.
Walkaway Wife Syndrome – describes a phenomenon where a wife decides to leave the relationship after feeling emotionally neglected following years of built-up resentment, neglect, loneliness, and unmet needs. For many husbands’ they feel surprised and caught off-guard by the wife’s departure. However for the wives, the decision is usually after many months, or years of contemplating the decision, and preparing themselves mentally, and financially. Walkaway Wife Syndrome usually occurs after unsuccessful attempts to repair the marriage, and requests for change are repeatedly dismissed or ignored. The syndrome is not exclusive to one gender, and the feelings of neglect and not being appreciated can apply equally to husbands’.