| Actuary |
A pension specialist who will advise on a good division of pension belongings inside a matter. (see additionally PODE, beneath) |
| Adjourn |
A listening to may be ‘adjourned’ or ‘paused’ to proceed at a later date, for instance an FDA (see beneath) could also be adjourned if paperwork haven’t been supplied however must be obtained earlier than the listening to can proceed. |
| ADR |
Different Dispute Decision – it is a collective time period that refers to alternate options to courtroom similar to mediation, arbitration, early impartial analysis and collaborative regulation. |
| Finances |
Also called a ‘Schedule of [Annual/Monthly] Expenditure’ which units out a person (and in addition their kids’s) revenue wants by separating out their day-to-day expenditure into separate classes. That is accomplished as a part of the monetary disclosure course of (see ‘Kind E’ beneath). |
| Clear Break |
The clause in an Order which severs the funds between events to guard towards future monetary claims being made. |
| Consent Order |
When each events have reached an settlement with out attending a Closing Listening to (see beneath), this Order captures their settlement for a Decide to seal (see beneath). |
| CM / CMS |
Youngster Upkeep / The Youngster Upkeep Service. |
| D11 |
A type made to make an software to the Courtroom. This could possibly be to eg vacate (see beneath) a listening to or to make an software for MPS (see beneath). |
| D81 |
Kind D81, Assertion of Data – that is the shape that each events are required to finish when submitting an agreed consent order with the courtroom. The shape requires every get together to set out their present asset and revenue place and what this may appear like following the approval of the agreed order. |
| Instructions |
An announcement from the Courtroom inside an Order which ‘directs’ the events to do, or to not do, a sure job or motion, similar to acquire an Actuary report. |
| ES1 |
A doc summarising the headline facets of a case. This way is accomplished by the events and filed with the courtroom forward of every listening to. |
| ES2 |
An asset schedule spreadsheet that’s required to be accomplished and filed with the courtroom together with the ES1 prematurely of every listening to. It offers a snapshot to the Decide of the belongings and disputes throughout the matter. The ES2 is a particular template which reveals every get together’s place on the worth of each asset, entitlement and legal responsibility, in addition to their incomes. |
| FAS |
Household Advocacy Scheme. Particular phrases included inside an Order for a celebration in receipt of Authorized Assist funding. |
| FDA |
First Instructions Appointment – also referred to as a ‘First Appointment’. That is normally the primary listening to in a monetary cures software. Typically used to acquire instructions to hunt particular reviews, paperwork and deadlines. If the events are capable of agree instructions, this listening to may be vacated (see definition beneath). If the case is able to proceed to significant negotiations, the events can apply to transform the listening to into an FDR (see definition beneath). |
| FDR |
Monetary Dispute Decision listening to. That is normally the second listening to in a monetary cures software. It’s a with out prejudice listening to (see ‘WP’ beneath) that entails every get together setting out their place to a Decide who offers a sign as to how they’d determine the case in the event that they have been sitting as a Decide at a Closing Listening to. After receiving the indication, the events are given time to barter exterior of the Courtroom room within the hope of reaching a settlement the identical day. Most instances don’t progress previous this level. |
| First Appointment documentation |
A collective time period for the next paperwork which might be required to be ready prematurely of a First Appointment listening to:
- Chronology
- Assertion of Points
- Questionnaire
- Kind G – Discover of Response to First Appointment (see definition beneath)
|
| Closing Listening to / FH |
That is the final listening to in monetary treatment proceedings. It’s normally held over 1 or 2 entire days and events are normally represented by barristers. As soon as all proof and submissions are heard by the Decide, they are going to decide as to the division of belongings. The Decide’s choice is closing and an Order is made. |
| FFH / FMH |
Former Household Residence or Former Matrimonial/Marital Residence – the house the events lived in collectively throughout their marriage. |
| Kind A |
A normal type a celebration completes after they want to begin monetary treatment proceedings. This way may be accomplished on-line by way of the MyHMCTS portal (see definition beneath) by a solicitor performing for his or her consumer. |
| Kind C |
The shape additionally entitled ‘Discover of First Appointment’ which notifies the events of the date, time and place of their listening to itemizing, and the deadlines for submitting their Kind E and First Appointment paperwork. |
| Kind E |
A type also referred to as the ‘Monetary Assertion’. This may be accomplished on a voluntary (exterior of Courtroom) foundation however can be required to be accomplished prematurely of the primary appointment listening to (or FDA). This can be a detailed type that requires the events to set out their private particulars and all their belongings, entitlements, revenue and liabilities with supporting documentation. |
| Kind E1 |
The Kind E1 is a monetary assertion that events to a Schedule 1 software ought to full. It’s much like a Kind E however is in a barely extra truncated type and requires much less supporting documentation. |
| Kind E2 |
The Kind E2 is a monetary assertion that events to a variation software (the place one seeks to range a closing order) ought to full. |
| Kind H |
The shape also referred to as an ‘Estimate of Prices’ that every get together is required to finish and file with the courtroom to set out their incurred and estimated authorized charges prematurely of every listening to, save for a closing listening to (when an extended type is required – see ‘Kind H1’ beneath). The charges are divided into prices incurred by earlier solicitors, present solicitors, barristers (counsel) and some other disbursements (similar to the price of an knowledgeable or courtroom payment). They’re additional divided into Public Funding (Authorized Assist) and personal prices (paid by the consumer to the regulation agency direct). |
| Kind H1 |
The shape also referred to as a ‘Assertion of Prices’ that every get together is required to finish and file with the courtroom prematurely of a closing listening to to set out the authorized charges they’ve incurred at every stage of the proceedings and any anticipated prices of implementing any closing order. It’s a way more detailed model of the Kind H. |
| FPR |
Household Process Guidelines – the foundations governing the way in which household practitioners ought to conduct instances. |
| HMCTS |
His Majesty’s Courts and Tribunals Service |
| LAA |
The Authorized Assist Company |
| LA/LH |
Authorized Assist / Authorized Assist funding |
| LOI |
Letter of instruction – normally to an knowledgeable or SJE (see definition beneath) setting out what that knowledgeable is required to do when making ready their report. |
| LSPO |
Authorized Providers Fee Order – an order that requires one get together to make a cost or sequence of funds to the opposite get together’s solicitors in order that the receiving get together can afford authorized illustration. This order is normally solely made if the receiving get together has confirmed they’re unable to safe litigation or Authorized Assist funding. |
| MCA |
The Matrimonial Causes Act 1973 – the important thing laws for monetary treatment instances and is at present being reviewed by the Regulation Fee in respect of potential reform. (See additionally S25/Part 25 beneath). |
| MIAM |
Mediation Data and Evaluation Assembly – a gathering with a mediator {that a} get together should attend prematurely of submitting their Kind A (see definition above) except an exemption applies. |
| MPS |
Upkeep Pending Go well with – an order for one get together to make common funds to a different get together to satisfy their revenue wants on an interim foundation throughout proceedings earlier than the Closing Order of Divorce is obtained. |
| Kind G |
The shape also referred to as a ‘Discover of Response to First Appointment’ which basically responds to the Kind C (see definition above) and is accomplished by every get together prematurely of the primary appointment listening to to substantiate to the courtroom whether or not that get together believes the case is prepared for an FDR (see above, additionally). |
| MyHMCTS |
MyHMCTS is the courtroom’s on-line portal the place functions, orders and paperwork regarding a case needs to be filed when being lodged with the courtroom. This has changed the earlier technique of submitting paperwork with the courtroom by way of e-mail and has been necessary since 31 January 2023. |
| Word/PS/Place Assertion |
Counsel’s Word, also referred to as a Place Assertion, ready for a celebration to the proceedings prematurely of a listening to, which normally should be filed with the courtroom by 11am the day earlier than the listening to, topic to the itemizing of the latter. |
| N260 |
A type a celebration ought to full if they’re in search of a abstract evaluation of prices so a prices order may be made. This can be a way more detailed type than the Kind H which divides the authorized charges incurred into completely different classes and duties. |
| O/S |
The Different Facet, normally those that signify the opposite get together in a matter. |
| PAG |
The Pensions Advisory Group who ready the PAG report (see definition beneath). |
| PAG report (additionally: PAG2) |
A Information to the Therapy of Pensions on Divorce printed in July 2019. A necessary software for practitioners when contemplating this significantly tough space of the regulation which features a useful steer on many matters. An extended-awaited sequel, ‘PAG 2’, was printed in late December 2023 with vital updates for all practitioners. |
| Half 25 software |
An software made beneath Half 25 of the Household Process Guidelines (FPR) to hunt an order for an knowledgeable’s involvement in a case (similar to a property valuation or a pension report). |
| PD |
Abbreviation for ‘Follow Route’ which accompanies the FPR (see definition above). Follow Instructions present steerage to household practitioners as to how the foundations needs to be utilized. |
| PODE |
Pension on Divorce Skilled – an knowledgeable who may be instructed to report on pension sharing. (See additionally, Actuary above). |
| PP (‘PP’s) |
Periodical funds, also referred to as ‘upkeep’ – common funds that one get together may be ordered to make to a different get together following the proceedings after the Closing Order of Divorce has been obtained. |
| PSO |
Pension sharing order – an order for a pension to be shared with the opposite get together. |
| PSA |
Pension sharing annex – the shape that accompanies an order that accommodates a PSO (see definition above), that units out the small print of the pension to be shared together with the share of the pension to be cut up. |
| RCJ |
The Royal Courts of Justice in London, also referred to as the Excessive Courtroom. |
| Schedule 1 |
That is shorthand for Schedule 1 of the Kids Act 1989 and refers back to the statutory regime that single dad and mom can apply to the courtroom beneath to hunt monetary provision for his or her kids. |
| S25/Part 25 components |
Part 25 of the MCA (see above) units out the concerns the courtroom could have when contemplating a good consequence within the division of monetary belongings and entitlements. |
| SJE |
Single Joint Skilled – an knowledgeable that’s instructed collectively by each events with the purpose of resolving a disputed level (e.g. the worth of an asset) for the aim of the proceedings. |
| Sols |
Solicitors |
| SPP / SM |
Spousal periodical funds or spousal upkeep – common funds that one get together may be ordered to make to their partner following the proceedings. |
| Enterprise |
A solemn promise to the Courtroom to do, or to not do, a sure job or motion. Not complying with an enterprise can result in the individual being held in contempt of Courtroom. |
| Vacate |
Cancel a listening to and take away it from the Courtroom itemizing. |
| WP |
With out Prejudice – privileged communications that signify a real try and settle a matter. This could possibly be a letter labelled ‘WP’ or ‘with out prejudice’ or a complete listening to, such because the FDR (see definition above). |
| WPSATC |
With out Prejudice Save As To Prices – privileged communications that signify a real try and settle a matter however may be seen by a choose after they come to find out the discrete situation of whether or not a prices order needs to be made. Such communications are solely permitted in monetary treatment functions when coping with interim functions, not the substantive dispute itself. |
