Family

Legal Terms

Divorce:

Affidavit in Support of Petition

A Statement which is sworn (declared on a Bible/other Holy Book that the contents are true in front of a lawyer/Court Officer) by the Petitioner and sent to Court with the Application for Decree Nisi.(Application for directions for Trial)

Application for Directions for Trial

The Application form applying for Decree Nisi which is sent to Court along with the Affidavit in Support of Petition.

Co-Respondent

The person with whom the Respndent has committed adultery if adultery is being used as the basis for divorce proceedings. N.B. You do not have to identify the co-respondenct.

Decree Absolute

This is the final decree in the divorce proceedings and it is on receipt of this that the parties involved are legally divorced.

Decree Nisi

This is the first of two divorce decrees which confirm that the Petitioner is entitled to apply for a Decree Absolute (final decree). The parties involved are not normally required to attend Court.

Divorce Petition

This is the divorce application document prepared by the Petitioner and states the reasons for the breakdown of the marriage.

Mediation

An alternative way of helping couples reach their own agreements about children and money. Usually the separating couple have a series of meetings with one or two trained Mediators who will explore with the couple whether an agreement can be reached about finances and/or children. A Mediator does not decide or judge what that agreement should be, that is for the separating couple to do.

Petitioner

A married person who starts divorce proceedings.

Respondent

The husband/wife of the Petitioner who is ‘being divorced’ by the Petitioner

Statement of Arrangements for Children

A form completed with information about the children of the family which is sent to the Court with the Petition at the beginning of divorce proceedings.

Personal Protection/Domestic Violence:

Domestic Violence

HM Inspectorate of Constabulary has used the following definition:

“The term domestic violence shall be understood to mean any violence between current or former partners in an intimate relationship, wherever and whenever the violence occurs. The violence may include physical, sexual, emotional or financial abuse.”

Many people still use the term “Injunction” to refer to the following Orders:

Occupation Order

This is an order which gives a person a right to live at a certain property and prohibits another person from remaining at or returning to the property. It commonly lasts between three and six months.

Non–Molestation Order

This is an order which prevents someone from using or threatening to use violence, or from intimidating, pestering or harassing another person. The Order may protect an adult or child. It commonly lasts three to six months.

Without Notice Applications

This is an application for a Non-Molestation/Occupation Order made to the Court in emergency situations. It is made without the other person in the proceedings being made aware of the appointment at Court or being invited to attend that hearing. Once the application has been heard the Court will make a further Court appointment where the person will be invited to attend and make have the opportunity to put their side of the story and defend the application.

Financial Proceedings:

Ancillary Relief

The legal process of sorting out the division of money, assets, property and debts following the breakdown of a marriage.

Assets

Assets – Property and possessions which a person has / owns. For example, properties, savings, investments, pensions, valuable possessions (i.e. cars, boats, jewellery, antiques etc) and personal belongings.

Clean Break

A final financial agreement /Order after which neither party can apply to the Court for a share of the other party’s capital or for maintenance or timeshares. A clean break is not possible in relation to children. A Court will always consider whether a case is suitable for a clean break.

Consent Order

When the parties reach a final financial agreement the terms of the agreement are set out in a Consent Order and approved by the Court.

Final Hearing

This is the last of (usually) three hearings in a financial dispute where the case is fully argued out at Court. Each party is usually represented by a barrister and is questioned about the finances. A District Judge or Judge usually makes a final order dealing with all financial issues. The hearing may typically last half a day to a day unless the case is very complex or deals with very large assets.

Financial Dispute Resolution Hearing

This is usually the second of three Court appointments in a financial dispute. The District Judge will look at all of the assets shown in each parties’ Forms E and any other documentation (e.g. up to date valuations and replies to Questionnaires) that have been circulated since the Forms E have been prepared. The District Judge may attempt to mediate between the parties to reach a settlement. If no agreement is reached he/she may give an indication as to what final order he/she would expect to be made.

First Directions Hearing

This is the first of (usually) three Court appointments to resolve a financial dispute between a divorcing couple. Each party will have received the other’s Form E (link) and had a chance to study it and prepare a questionnaire dealing with any queries about the other’s Form E. This hearing then deals with any remaining queries either party has about the assets of the other or, for instance, the valuation of any asset or property. A timetable is set for complying with these queries before the financial dispute resolution hearing.

Form E

A comprehensive form prepared by each person involved in divorce proceedings, setting out all their income and assets, outgoings and liabilities. The form also sets out the party’s financial needs and relevant information about the acquisition of assets etc.

Full and Frank Disclosure

Disclosing to each other a complete, honest and detailed breakdown of one party’s financial position. This is usually done by preparing and swearing a Form E Financial Statement and attaching documentary evidence of the items disclosed in the form E.

Liabilities

Debts or money owed e.g. Mortgages, credit cards, loans, HP, outstanding bills.

Lump Sum Order

A Court Order that one party should pay to the other a specified sum of money.

Maintenance Order

A set amount of money paid on a regular basis (usually weekly or monthly) for a specific length of time. This is also referred to as a Periodical Payments Order.

A standard Maintenance or ‘Periodical Payments Order’ cannot take effect until the divorce proceedings have been finalised. If a spouse is in urgent need of money before then an application can be made for maintenance pending suit.

Pension Attachment Order

An Order leaving a party’s pension in that party’s name but assigning a fraction or percentage of that Pension to the other party.

Pension Sharing

This Order enables the pension fund to be split so that the pension benefits are divided at the time of the divorce. It is however, only available for divorce cases filed with the Court on or after 1 December 2000. A Clean Break at the time of the divorce is achievable with this option.

Property Adjustment Order

One of four Court Orders altering the ownership of land or property. These are:

1. Order for Sale – an order that a property is sold and proceeds of sale divided between the parties in specified shares.

2. An Order transferring ownership from one party to the other or from joint names of the parties into the sole name of one party.

3. A Charge back Order. The property is transferred into the sole name of one party with the other party having the benefit of a sum of money which is charged on the property . On a certain triggering event (usually when the youngest child reaches the age of 18 years or completes secondary education) the Charge allows for the non-owning party:

to be paid a lump sum or

4. An Order that the property is transferred to one party until a specified event (usually the youngest child reaching the age of 18 years or completing full time secondary education) at which point the property is sold and the proceeds of sale divided on a specified basis.

S25 Matrimonial Causes Act 1973

This section provides a checklist of important factors which need to be considered when looking at the division of the finances following the breakdown of the marriage.

Children:

Adoption

Is the legal process where a child becomes a permanent member of a new family.

CAFCASS

Children and Family Court Advisory and Support Service. This Agency nominates a Children and Family Adviser to interview the family members in order to prepare a Report giving recommendations to the Court regarding residence, contact and whatever other questions the Court is dealing with.

CAFCASS Officer/Child and Family Reporter/Child and Family Adviser

An independent person appointed by the Court who is asked to investigate a question/circumstances concerning the welfare of the child and who provides recommendations which are influential on the final decision made by the Court.

Care Order

An Order by which a child is placed in the care of the Local Authority and by which Parental Responsibility becomes shared between the parents (if both have Parental Responsibility) and the Local Authority.

Case Conference

Is a meeting usually held by the Local Authority where people directly concerned with the relevant child attend to discuss their concerns and whether any further action needs to be taken to resolve their concerns. The people attending usually include the parents or any relevant family members, representatives from the Local Authority, schools, Police, health and anyone else who is directly related to and concerned with the child.

Children’s Guardian

Is an experienced person appointed by the Court to present and safeguard the interest of the child in the proceedings. Children’s guardians are mainly involved in actions brought by the Local Authority and will be a party in the proceedings themselves.

Contact Order – Formerly known as “access”

This is a Court Order which sets out contact arrangements between an adult and a child. It may include ‘indirect contact’ such as letters and telephone calls as well as face-to-face contact (‘direct contact’).

Directions Appointment

This is a Court appointment to consider how the case should be managed and what action is needed to progress the case fairly and as quickly as possible. It usually takes place in a Judge’s Chambers (Office) rather than a Courtroom.

Emergency Protection Order

This enables a child to be removed from where s/he is living or to remain where s/he is living for his/her immediate protection from harm.

Interim Care Order

An Order made during care proceedings to enable the Local Authority to protect a child whilst proceedings are progressing. Interim Care Orders are usually limited to 28 days in length.

Interim Supervision Order

An Order made during proceedings which is limited in length of time and puts the child under the supervision of a designated Local Authority who must advise, assist and befriend the child.

Parental Responsibility

The adults with Parental Responsibility have the responsibility and right to make major decisions about a child’s upbringing e.g school a child should attend, which surname a child should have, whether a child should have medical treatment.

Permanency Planning Meeting

Is a meeting held by the Local Authority where people directly concerned with the child to discuss the future arrangements for that child.

A Prohibited Steps Order

An Order preventing an adult from doing something in relation to a child’s care or upbringing, eg. Preventing a parent taking a child abroad to live.

Residence Order – Formerly known as ‘custody’

This is a Court Order specifying with whom a child is to live.

Section 8 Children Act 1989

This Section sets out the possible Orders that a Court can make regarding the care and upbringing of the children, usually by their parents. The possible Orders are:

(I) Residence Order – an Order that a child live with a particular adult or adults.

(II) Contact Order – an Order that a child spend time with or correspond by telephone or letter with a particular adult who is usually a parent or other relation.

(III) Specific Issues Order – an Order where the Court deals with one specific issue in relation to a child’s care and upbringing, eg. the surname by which a child is to be known.

(IV) A Prohibited Steps Order – an Order preventing an adult from doing something in relation to a child’s care or upbringing, eg. Preventing a parent taking a child abroad to live.

Specific Issue Order

This is a Court Order to enable a specific question concerning a child to be dealt with e.g. which school a child should attend, whether a child may live abroad).

Supervision Order

This places the child under the supervision of a Local Authority, which must advise, assist and befriend the child.

General Family Law Terminology:

Applicant

This is the person who brings Court Proceedings in Personal Protection/Domestic Violence proceedings, Financial proceedings and Children proceedings and who wishes the Court to resolve a dispute.

Cohabitation

An unmarried couple living together.

Counsel

Another word for ‘barrister’. A lawyer who specialises purely in representing the parties in Court.

Family Proceedings

A Court case dealing with care proceedings relating to children, divorce, family finances, domestic violence and adoption.

Hearing

An appointment with a District Judge or a Judge at Court.

The Welfare Principle

The Court must treat the welfare of the child as the paramount consideration when considering any issue relating to that child.

Undertaking

Is an express promise given by one person to another or to the Court either specifically to do or not to do something and which can carry penalties for that person if he or she fails to comply with the terms of the promise given.