Glossary of Terms
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Fairness
Objective of financial outcome; comprises features of needs, sharing and compensation. See our Fact sheet of Financial Outcomes.
Fees
The sum charged by counsel or by the solicitor or other professional – or indeed by the court (as in “court fees”) or the Land Registry.
Finance procedure
The court process introduced from 5 June 2000 to reduce delay, limit costs and increase the chances of settlement. It involves two hearings before the final court hearing.
- The First Appointment (FA) at which directions are given for the steps that are required to make the case ready (production of documents, answers to questionnaires, valuation of properties etc).
- The Financial Dispute Resolution Hearing (FDR), the court-assisted negotiation process focused on finding a settlement without the costs of a fully contested hearing and when offers are known to the court.
The judge “predicts” what would happen if the case went to a final hearing, but can only make an order by agreement. Both parties must attend both hearings unless the court allows you not to, which is rare. The procedure has strict timetables for steps to be taken, with costs penalties on breach. See Fact sheet of finance procedure.
Financial Dispute Resolution (FDR) appointment/hearing
(see finance procedure above)
First Appointment (FA)
(see finance procedure above)
Forced marriages
A marriage in which one spouse is forced against their will to take part. Force includes actual physical compulsion or emotional and psychological compulsion. As a consequence of legislation in 2007, the court can provide protective orders for those who fear they are about to be forced into a marriage and for those who have already gone through a forced marriage. This can include powers of arrest. It can set aside a forced marriage. The orders can relate to conduct in England or abroad. Third parties can apply to the court for protective orders for those being forced into a marriage. Naturally it must not be confused with arranged marriages. See the iGuide
Form A
The form which starts the finance procedure, is in fairly standard form but usually includes all possible forms of financial provision, even though not all may be sought.
Form E
The statement of financial circumstances, a long, bulky document which must be completed in finance procedure cases to state the resources of the person completing it. Needs a quite considerable amount of accompanying documents to verify and corroborate.
Form M1
A short document summarising financial circumstances which must be lodged at the court before it can make a consent order.
Forum
Refers to the country in which the legal proceedings will proceed. A country needs a certain connection with a country before it can deal with a case. This may be based on residency, nationality, domicile, an agreement or other factors. See Jurisdiction. A dispute between countries about which country should deal with a case is forum shopping, see below.
Forum Dispute
Proceedings to decide which country’s court should dealt with her family’s relationship dispute. Between many countries, the criteria is discretionary based on closest connection. Within the European Union it is only which country first receives the proceedings and there is no discretion to consider closest connection
Forum Shopping
Is steps taken by parties in a dispute in which two or more countries may be able to deal with the proceedings (See Jurisdiction) and one country is much more advantageous or more disadvantageous to one party than to the other. See Forum (above). Lawyers in each possible country consult together to see which country is best for their client. They go shopping to find the country with the best deal! Proceedings to resolve such disputes are often lengthy, costly, public, highly tactical and often make co-parenting more difficult. Crucial to take urgent action if more than one EU country involved. See Brussels II.
Freezing orders
See Marevas.
