Where a party to the marriage has a sexual relationship with a third party of the opposite gender. Within a Divorce Petition it is not normally necessary to name the third party, and the Courts will often take the pragmatic view that there were problems within the marriage prior to the adultery taking place.

The process by which the financial assets relating to the marriage are distributed, usually within a Court process, but often by agreement. An application for ancillary relief is often made following the issue of divorce proceedings in order to obtain a Court timetable to ensure matters are dealt with quickly and a timeframe is established.

The person who commences an action through the Court by lodging their application. This will often give the advantage of ensuring that the Court's timetable is set and matters are dealt with within a prescribed timeframe.

This is often used in the context of maintenance payments, and may result in an ongoing Maintenance (Periodical Payments) Order being substituted for the payment of a lump sum. Upon payment of the lump sum, the Periodical Payments Order will terminate and no future application for a Periodical Payments Order can be made.

The measure used by the Court in the first instance to assess the value of an individual's pension scheme. There are prescribed forms which must be sent to the pension provider requesting this information.

A Government organisation responsible for the calculation and collection of child maintenance payments from parents who live apart from their children.

Collaborative law is a method of conflict resolution which works outside the Court system. The Courts are supportive of this option and, when an agreement is reached, the Courts will often be happy to grant an Order in the terms agreed, known as a Consent Order. Fundamental to this option is the ability for you and your partner to communicate well, and co-operate with each other, in order that your issues can be resolved and you can achieve a 'good divorce'. This approach is unique in that it brings all parties to the table with their respective collaborative lawyers to create and enter into a bespoke agreement. A commitment is made by all parties to work towards reaching an outcome that satisfies all. Parties enter into a Participation Agreement, in which they commit to working towards a satisfactory outcome without proceeding to Court. Indeed, if negotiations fail, which is unusual, then neither collaborative lawyer can continue with the case.

Where parties are able to reach an agreement dealing with their financial matters, then a Consent Application can be presented to the Court, following pronouncement of the Decree Nisi, asking the Judge to make an Order in the terms agreed. This is not an automatic rubbing stamping procedure, and the Judge will exercise his or her judicial discretion to ensure that the agreement reached is fair and reasonable in the circumstances. A summary of each party's financial situation will need to be provided in order that the Judge can have an overview as to the situation. If granted, the Consent Order can only be enforced following the pronouncement of Decree Absolute within divorce proceedings.

The initial application which is presented to the Court asks the Judge to dissolve the marriage. A Divorce Petition can only be presented following the expiry of 12 months of marriage, and a Decree of Divorce will be granted if the parties are able to establish the marriage has irretrievably broken down by reference to one of five facts, namely:

• Adultery
• Unreasonable behaviour
• Separation for two years with consent – where both parties agree the marriage should be dissolved
• Separation for five years
• Desertion

The reason for the divorce will often have little bearing on how financial matters, or issues relating to the children, will be dealt with, although there may be issues dealing with the costs relating to the divorce and it may be possible to obtain an Order that the other party be responsible for costs where there is a fault based ground.

This is the final document which dissolves the marriage. The certificate of Decree Absolute effectively takes the place of the Marriage Certificate and must be presented as proof that the marriage has been dissolved in the event of any future remarriage.

This is the first stage of divorce, where, although the parties remain married, the Judge has made his or her decision that there are grounds to dissolve the marriage. The marriage may be dissolved by the Petitioner applying for the Decree Absolute six weeks and one day following pronouncement of the Decree Nisi. It is however often wise to wait until financial matters are resolved before dissolving the marriage as there are often financial implications and wider implications in relation to taxation and pension issues.

This is one fact which can be relied upon within divorce proceedings, although it is extremely rare. Effectively, it is used where one party disappears and remains estranged for a period in excess of two years.

This is a substantial and important form used within ancillary relief proceedings, which provides a summary of each party's financial situation. Often Form E's will be exchanged voluntarily when efforts are being made to negotiate an agreement. Where a Court application has been made, the Court will direct when the Form E's should be exchanged.

In certain cases, the parties may require a decree from the Court that they need no longer live together as man and wife, although they remain married. This is requested within proceedings for judicial separation. This is highly unusual and the financial benefits linked to divorce are limited with judicial separation.

This is where one party to the marriage will pay, either voluntarily, by agreement or following a Court Order, a percentage of his or her income to the other spouse for their benefit, or for their benefit and the benefit of any relevant children. The Courts have extremely limited powers to make Maintenance Orders in respect of children, following the introduction of the Child Support Agency in 1991. The Courts will have regard to the overall financial circumstances and income available. Both parties will have a duty to maximise their income and earning capacity. Maintenance Orders can either be made on an interim or short-term basis, often known as maintenance pending suit, or once the marriage has been dissolved on a more long-term basis, often referred to as a Periodical Payments Order.

This is the document entered into by all parties within collaborative proceedings, whereby all parties promise to resolve matters by agreement and not proceed via Court proceedings.

This is unusual nowadays, particularly as the Courts have powers to split or divide pension funds. Effectively, an Earmarking Order is a Maintenance Order, but where monies are directed from the pension fund. There are very real disadvantages in having an Earmarking Order in place.

This is the process by which the Judge can order within the context of ancillary relief proceedings that any pension fund, even if in payment, can be divided and a percentage of the pension pot is paid to a spouse, either to be held within the original pension fund (an internal transfer) or held externally with a separate provider (an external transfer).

The person who commences the divorce proceedings by the issue of a Divorce Petition is known as the Petitioner.

The person receiving the Divorce Petition or receiving another application, for example an application for ancillary relief, is known as the Respondent within proceedings.

Often parties separate by physically moving into separate properties. However, it may be possible to satisfy the grounds for separation by living in separate households within the same property. A divorce can be obtained on the basis of two years' separation where both parties consent, or five years separation.

In today's economic environment, applications to vary or change the amount of maintenance payable are sympathetically received by the Courts, who will often take a pragmatic view.