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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

Provision of information, most often referred to in the context of provision of financial information in order to reach a financial settlement on divorce or other relationship breakdown. In England, disclosure is required of all assets, income and resources whenever acquired and, worldwide, including those held in the name of third parties such as trusts, companies and family members. There are extensive court powers to obtain disclosure. A reliable and fair financial settlement cannot be obtained without reliable complete disclosure.

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

A person is domiciled in a country which they intend, broadly, to be their long term home. Everyone has originally a domicile of origin, often based on Web born or parents. Later, perhaps when moving country, taking a job abroad and putting down real roots in another country, a person acquires a domicile of choice there and so loses the domicile of origin. If a person then leaves that country either their domicile of origin reverts or they adopt the new domicile of choice. Everyone always has a domicile. It carries tax implications so should not be admitted without considering tax consequences.

DX

A postal system operating between most solicitors, barristers, banks, mortgage lenders etc; next day delivery is pretty much guaranteed and losses are rare.