In recent years, family law has evolved to reflect the changes in people’s relationships and lived experiences. We have seen significant reforms, from the introduction of ‘no fault’ divorce in April 2022 to the government’s more recent consultation on cohabitation rights. These developments are part of a wider shift towards a legal system that is efficient, accessible and aligned with the modern world. It is only natural that the language we use in family law has adapted alongside these reforms.
We have compiled a glossary of the most significant terms and their modern replacements:
Child custody
Child custody is a term which was historically used to describe the child’s living and contact arrangements, namely who the child would live with, who has control over day-to-day decisions about them, as well as what type and how much contact they should have with each parent. While custody remains a popular term in media and everyday speech, it is no longer used in family law. It is considered outdated and potentially damaging, as it could foster the idea of ownership, rather than shared responsibility. Custody has now been replaced by ‘child arrangements’, which promotes a better coparenting relationship.
Residence
Residence orders were orders which determined where a child should live and who should be responsible for their day-to-day care. This term is no longer used. Residence orders are now encompassed by child arrangements orders, which can make provisions for both living and contact arrangements. Orders which prescribe where the child should live are known as ‘lives with’ or ‘shared care’ orders.
Access
Orders regarding the type and amount of contact a child should have with their non-resident parent were commonly known as access orders. Access orders have been replaced by ‘spends time with’ orders, which detail the time that each parent should spend with their child.
Child Support Agency
The Child Support Agency was the government body responsible for the calculation, collection, enforcement and transferral of child maintenance payments from the non-resident parent to the parent with care. In 2012, the Child Support Agency was replaced by the Child Maintenance Service (CMS), which carries out the same functions.
Divorce petitions
Prior to the introduction of the Divorce, Dissolution and Separation Act in 2022, anyone who wished to divorce their spouse had to submit a divorce petition in order to begin the divorce process. The petitioner had to rely on one of the grounds for divorce – adultery, unreasonable behaviour, desertion or separation – and had to file a statement in support of the petition. Once the petition was issued, the responding spouse was able to contest it if he or she disagreed with it.
Spouses are now able to apply for divorce without having to rely on any of the previous fault-based grounds. The only requirement is that the relationship has broken down irretrievably. The former divorce petition is now referred to as an application, and the petitioner therefore becomes the applicant. The responding spouse can no longer object to a divorce application, unless there are jurisdictional grounds for this.
Decree Nisi
The Decree Nisi was the court order which marked a key stage in the divorce process allowing the court to make and approve financial orders. While it did not end the marriage, it confirmed that the petition had been reviewed and that the legal requirements for divorce have been met. While the process remains broadly similar, the Decree Nisi is now known as a Conditional Order
Decree Absolute
Once the parties had obtained their Decree Nisi (see above), they were able to apply for a Decree Absolute, which was the order that legally ended their marriage and allowed them to remarry. The Decree Absolute is now referred to as a Final Order.
Ancillary Relief
The application for financial relief and the subsequent court proceedings used to be described as ‘ancillary relief’. The term arose because financial issues were ‘ancillary’, or secondary, to the divorce petition. Since 2010, Ancillary relief has been replaced by the term ‘financial remedies’, and the Ancillary relief application is now simply known as an application for a financial order.
If you would like any further information or advice about divorce or child arrangements please contact us on 0113 357 1270.
