Terms you need to know. Please click on the link to view the answer.
- AFFIDAVIT
A written statement under oath.
- ANCILLARY RELIEF
Possible financial orders a court can make. An application for ancillary relief can be for a capital sum, maintenance, a property adjustment order, orders in relation to pensions or a combination of these.
- APPLICANT
The person who applies for a court order for Ancillary Relief.
- BRIEF
A written document outlining a party's legal arguments.
- CALDERBANK OFFER
A letter sent to the other party setting out proposals for financial settlement marked "without prejudice except as to costs". If the court is later required to decide on the level of financial settlement, the judge will not be aware of the Calderbank proposals until after a final order has been made and in considering which party should pay the costs of the proceedings.
- CAPITAL GAIN
The profit made from the sale of a capital asset.
- CAPITAL LOSS
The loss that results from the sale of a capital asset - also the loss that results from an unpaid, non-business (personal) loan.
- CAPITALISATION
Where a court orders a lump sum payment instead of future maintenance.
- CLEAN BREAK
A financial settlement where it is agreed or ordered that the husband and wife will make no further claims against each other for capital and/or maintenance. It is not possible to agree a clean break in relation to the financial claims of children.
- CONFLICT OF INTEREST
Where there are competing professional or personal obligations or personal or financial interests, which may affect objectivity.
- CONSENT ORDER
A court order giving effect to the terms agreed in ancillary relief proceedings.
- CONTRACT
An agreement between two or more parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced.
- CROSS EXAMINATION
The questioning of an opposing party's witness about matters brought up during direct examination.
- DECREE ABSOLUTE
The final order of the court which brings the marriage to an end.
- DECREE NISI
The provisional divorce order indicating that the court is satisfied that grounds for divorce have been established.
- DISBURSEMENTS
Legal expenses that a lawyer passes on to a client, such as for photocopying, court fees or messenger services.
- DISCLOSURE
The supply of relevant information between parties.
- FINAL HEARING
The final court hearing in the Ancillary Relief process where a Judge hears evidence and decides the case.
- FINANCIAL DISPUTE RESOLUTION APPOINTMENT
(FDR) Usually the second court hearing in the Ancillary Relief process which takes place after the FDA, to encourage the parties to negotiate.
- FIRST DIRECTIONS APPOINTMENT
(FDA) A preliminary court hearing in the Ancillary Relief process where a Judge decides what information each party should produce and timetables the case going forward.
- FORM E
The form completed by both parties to provide full financial disclosure including details of income, outgoings, capital, liabilities and pensions.
- JOINT CUSTODY
When both parents share custody of a child after a divorce.
- JUDGMENT
A court's official decision on the matters before it.
- LEGAL CUSTODY
In a divorce, one of two types of child custody. A parent who has legal custody has the right to be involved in all the decision making typically involved with being a parent, such as religious upbringing, education and medical decisions.
- LIEN
A claim against someone's property. A lien is instituted in order to secure payment from the property owner in the event that the property is sold. A mortgage is a common lien.
- LUMP SUM ALIMONY
Alimony (spousal support, maintenance) money is given in a single lump-sum payment.
- MAINTENANCE
(or alimony) In a divorce or separation, the money paid by one spouse to the other in order to fulfil the financial obligation that comes with marriage.
- NO-FAULT DIVORCE
A divorce in which it doesn't matter who did what to whom that caused the marriage to break down; all that matters is that there is no reasonable prospect of reconciliation.
- PETITIONER
The spouse filing for divorce.
- RESPONDENT
The spouse the petitioner is seeking to divorce.
- RETAINING LIEN
Gives a lawyer the right to hold on to your money or property (such as a deed) until you pay the bill.
- SEPARATION AGREEMENT
In a marital break-up, a document that outlines the terms of the couple's separation.
- SERVICE
The act of serving the respondent with legal papers.
- SETTLEMENT
The resolution or compromise by the parties.
- TRIAL
The formal legal process in which the court (judge) receives evidence and testimony to enable him or her to decide in a dispute between two parties.
- UNCONTESTED
When all issues have been resolved in a manner acceptable to both parties, the divorce is said to be uncontested.
