Divorce Definition

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GLOSSARY

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What does Divorce mean?

The bringing to an end of a valid marriage between a man and a woman

Before filing a petition for the dissolution of a marriage the spouses must have been married for at least 1 year.

Pensions

There are three main ways in which pensions are taken into account in divorce proceedings: • offsetting: this ensures that the distribution of other assets held by both parties takes into account the value of the pension held by one of the parties; • attachment order: (formerly called earmarking) requires the payment to the former spouse part or all of a member's pension (and/or lump sum) as and when they fall due; • pension sharing orders: share the value of the member's pension between the member and the former spouse, dividing it at the date of divorce and putting part or all of it in the former spouse's name.

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The ground for divorce (pre-DDSA 2020)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see...

Commencing divorce proceedings and drafting the petition (pre-DDSA 2020)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes:Introduction to the Divorce, Dissolution and Separation Act 2020, in particular the section: HMCTS guidance and deadlines , Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020) and Online divorce (post-DDSA 2020).Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are not impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This Practice Note covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010,...

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