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iGlossary
A list of family law terminology to help better understand what lawyers are talking about and some of the specific terms used. This glossary provides general information only. Professional advice should always be taken and we cannot accept any liability for reliance on it.
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Decree
A form of divorce order: Decree absolute (the final order of a divorce, ending the marriage and giving the right to remarry) or Decree Nisi (the unavoidable step before decree absolute where the parties know that the marriage will be ended when a DA application is made). A Petitioner can apply for the decree nisi to be converted into a decree absolute after six weeks and one day have passed from the decree nisi. The Respondent can only ask the court to convert after a further three months have passed. There can be material advantages to delaying the final decree until the final financial outcome is in place. See Guide to Divorce Procedure
Department of Constitutional Affaires
Aka DCA, formerly Lord Chancellor’s Dept, known in most countries as the Ministry of Justice.
Detailed assessment
The process by which the court decides what sum one party should pay towards the costs of the other (see “taxation”, which was the old name for this).
Directive mediation
See Mediation
Disclosure
There is an obligation in most family court proceedings to give full and frank disclosure. Failure to do so can result in orders being set aside and adverse costs orders. The family court has very considerable powers to obtain disclosure against a party whom it suspects is not being trustworthy and honest.
Dissolution
A termination of a civil partnership. Procedure is broadly the same as divorce but instead of a decree nisi there is a conditional order and instead of a decree absolute there is a final order.
Divorce
A termination of a marriage. For procedure, see the Guide to Divorce Procedure. See also Decrees.
Domicile
You are domiciled in a country which you intend, broadly, to be your long term home. So you may be domiciled (originally i.e. of origin) in England and Wales because your parents raised you there but on taking a job and putting down real roots in e.g. Australia could acquire a new domicile (of choice) there and so lose the domicile of origin that you had in England and Wales. It carries tax implications so should not be admitted without considering tax consequences, often with specialist advisers, which we can arrange.
DX
A postal system operating between most solicitors, barristers, banks, mortgage lenders etc; next day delivery is pretty much guaranteed and losses are rare.
