Pendente lite
A Latin phrase meaning “while litigation is pending.” Used in family law to refer to temporary financial orders made during proceedings — for example, interim maintenance payments made while the final financial settlement is being decided.
SRA (Solicitors Regulation Authority)
The body that regulates solicitors in England and Wales. If you believe your solicitor acted improperly — for example, by failing to disclose a financial relationship with a funder, or by not advising you on alternatives to a litigation loan — you can make a formal complaint to the SRA.
Collaborative divorce
Both parties instruct solicitors who are committed to resolving matters without court proceedings. All four parties meet together to reach agreement. If the collaborative process breaks down, both solicitors must be replaced before court proceedings can begin.
Mediation
A process in which both parties work with a trained, neutral mediator to reach agreement — without going to court. Significantly cheaper than contested litigation and often faster. The mediator does not make decisions; they help the parties reach their own agreement.
Financial remedy proceedings
The part of a divorce that deals with dividing money, property, and other financial assets and liabilities. This is separate from the divorce itself and can continue long after the marriage is legally dissolved.
Matrimonial pot
An informal term for the total pool of assets and liabilities to be divided between both parties in a divorce settlement. Litigation loan debt is considered part of this pot — meaning it reduces what is available to be divided.
Contested divorce
A divorce where the two parties cannot reach agreement on key issues — typically finances, property division, or child arrangements — and a court must decide. Contested divorces are significantly more expensive and take longer (often 2–4 years) than uncontested divorces.
LASPO
The Legal Aid, Sentencing and Punishment of Offenders Act 2013. The legislation that removed legal aid from most family law cases in England and Wales. The resulting gap in access to justice is widely considered to be a primary reason why litigation funding in divorce grew so rapidly.
Legal aid
Government-funded legal help for people who cannot afford a solicitor. Since 2013 (under LASPO), legal aid has been mostly removed from divorce cases in England and Wales. It still exists in limited circumstances, including cases involving domestic abuse. Always check eligibility before assuming you don’t qualify.
Legal Services Payment Order (LSPO)
A court order requiring one spouse to pay some or all of the other spouse’s legal costs during divorce proceedings. An important alternative to litigation funding that is often not raised by solicitors with a financial relationship with funders. You can apply for an LSPO if your spouse has the means and you do not.