New terminology for standard orders in divorce proceedings

With the Divorce Dissolution and Separation Act 2020 becoming effective next month, Mr Justice Mostyn has announced amendments to the terminology of several standard orders relating to divorce proceedings.

In a message published by the Courts and Tribunals Judiciary, Mr Justice Mostyn stated:

“On 6 April 2022 the Divorce Dissolution and Separation Act 2020 comes into force. Among many other things, this makes changes to the terminology used in divorce, dissolution, nullity and separation proceedings.”

This means that from 6th April when the Divorce Dissolution and Separation Act 2020 becomes effective, terminology will also change, for example, a petition is replaced by an application, a decree nisi by a conditional divorce order and a decree absolute by a final divorce order.

Changes to terminology in Orders Nos 1.1, 1.2 and 2.1. have also been made, which take effect from 6th April.

The revised orders assume that the case in question is either one of divorce or dissolution of a civil partnership, and therefore refer to “the final [divorce] / [dissolution] order” and “the conditional [divorce] / [dissolution] order”.

If the case is one of nullity those references should be altered to “the final nullity order” and “the conditional nullity order”. If the case is one of judicial separation the references should be altered to “the judicial separation order”. If the case is one of a separation order under section 56 Civil Partnership Act 2004 the references should be altered to “the separation order”.

All further amendments will await the full review of the standard orders, following the closure of the consultation period on 28th February 2022.