If you are thinking about a divorce, you have probably asked your friends and family for advice, you may have looked online or watched videos on social media. As helpful as these resources can be – they can also be confusing and contradictory, especially if you are not sure which words to search for.

Family Solicitor, Corley Hicks, has set out to provide a quick guide to the common language in divorce proceedings, and answers to frequently asked questions:

My neighbour got divorced told me I need a decree absolute – what is that?  

If your neighbour was divorced before April 2022, a decree absolute would have been a final order of the court formally ending their marriage. This language was changed by the Divorce, Dissolution and Separation Act of 2020 (in effect from April 2022) to make the legal process for divorce more accessible to the public.

Terms like decree nisi and decree absolute are sometimes still used in television, books, and casual conversation as a holdover from the old laws – but are no longer used by the court.

So, what are the new words?

A divorce is now essentially applied for in three parts;

1. Application for divorce
   This can be completed by either person or together as a joint application. The person applying is called the applicant and the other person is called the respondent. The applicant and respondent are called parties.
   
2. Application for a Conditional Order
   The conditional order replaces the old decree nisi.
   
   This can be applied for by the applicant (or applicants in a joint application) 20 weeks after the initial application is issued.
   
   The applicant must confirm to the court that after the 20 weeks cooling off period the marriage has irretrievably broken down. This means that the parties have not gotten back together or changed their minds – the marriage is still over.
3. Application for a Final Order of Divorce
   The final order replaces the old decree absolute.
   
   The applicant can apply for a final order 6 weeks and 1 day after the conditional order is granted by the court.
   
   Ideally, the parties will have concluded any proceedings or settlement agreements for their finances during the 26 weeks and 1 day since the divorce application. If no Financial Remedy Order has been granted, the parties should seek legal advice before applying for a final order of divorce.

We have a final order, but my ex says he has financial claims – can that be right?

Maybe; because divorce and financial remedies are separate processes. A Final Divorce Order does not, on its own, end the financial claims a party can make against the other as a result of their marriage.

Because the divorce process ends in a final order it is easy to mistake this for finality in every matter relating to the marriage. However, the parties might have lingering disputes including financial claims which need to be addressed separately.

The final order refers only to divorce and simply means the parties are no longer married.

Both parties should seek independent legal advice specific to their circumstances.

I cannot prove that my wife cheated, can I still get divorced?

Since April 2022 England and Wales have introduced no fault divorce removing the need to prove grounds for divorce such as adultery.

The only requirement is that the marriage has irretrievably broken down.

We have a civil partnership instead of marriage, can we still get divorced?

The laws for civil partnerships and marriages are identical and are both governed by the Divorce, Dissolution, and Separation Act of 2020.

The process for ending a civil partnership is the same as ending a marriage, but it is called a dissolution instead of divorce.

Why are the words in divorce law different now?

Until the Divorce, Dissolution and Separation Act of 2020 came into force, the basic laws surrounding divorce had not been substantially changed in over 100 years – but the language we use everyday has changed as have social norms surrounding marriage and relationships.

It is important that the language we use in family law can be understood and correctly used by everyone. It is also increasingly necessary to make the courts accessible to parties who are not instructing solicitors.

What should I do if I have more questions?

For further information, please contact Corley Hicks in the family law team on 01395 517940 or email corleyhicks@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.