Divorce Glossary: Key Terms Explained

Written by Gemma Stevens | Family Team | 27 February 2024

On 6th April 2022, we saw a huge overhaul of the divorce process, bought about by The Divorce, Dissolution and Separation Act 2020. Fundamentally this change saw the end of “fault-based” divorces, so that neither party could blame the other for the end of the marriage.

The ability for one party to challenge or defend the divorce was removed, parties could for the first time make a joint application for divorce, so that both could commence the process together and most notably, the language used was changed quite significantly.

It was hoped the new terms would remove outdated phrases, simplify the different stages and the process generally making it more accessible to those hoping to use the system.

Application

We used to refer to a “Petition” for divorce, now the phrase used is an “Application” bringing it in to line with the general term used in most other court processes.

 Applicant

The person who prepares that application will now be the “Applicant”, rather than the “Petitioner”, again adopting the terminology used across most if not all other court processes.

Respondent & Conditional Order

Once a divorce has been issued by the Court and sent to the person known as the “Respondent”, the Applicant is able to apply for the “Conditional Order” once 20 weeks has passed. This used to be called a “Decree Nisi” and refers to a document issued by the Court, confirming the court cannot see a reason why the parties cannot be divorced.

The 20-week period is seen as a reflection period, enabling parties to be sure that divorce is what they want.

Final Order

“Decree Absolute” has now been replaced by a “Final Order” for the divorce, this being the legal document that ends the marriage and effectively replaces your marriage certificate.

Historically there were grounds upon which one party could “defend”, or object to the divorce which would cause delay and, in some cases, could prevent the divorce. This meant in some cases, that victims of domestic abuse were unable to divorce their abusers, as the perpetrators were able to exert control over the victim. The changes brought about by the new legislation now require the term “disputed” to be used and the grounds for disputing a divorce are much more limited.

The changes have now been in place for almost 2 years, and it is hard to say whether they have had the desired effect of simplifying the process and updating terminology. It was certainly a much-needed overhaul, but it remains to be seen whether it has achieved the government’s aim of reducing conflict and its damaging effect on families.

Our experienced Family team can help you navigate divorce proceedings.  If you would like to discuss this in more detail, please call our expert team on 01752 827030 or email family@nash.co.uk.