Jargon Buster
Access:
See Contact
Acknowledgement of Service:
The form the Respondent sends back to the Court after receiving a Divorce Petition.
Affidavit:
A written statement the truth of which is confirmed by swearing on the Oath in front of a Solicitor normally used to support applications to the Court.
Ancillary Relief:
A Court Order dealing with financial matters either capital, maintenance, property adjustment, pensions etc
Answer:
The name given to the document defending a Divorce Petition.
Applicant:
The person applying to the Court for an Ancillary Relief.
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Calderbank offer:
A letter sent to the other side setting out proposals for a financial settlement "without prejudice except as to costs".
Child Support Agency (CSA):
Government body responsible for organising payment of child maintenance where there is no Court Order.
Chronology:
Document setting out dates of events during a relationship.
Clean Break:
Financial settlement between husband and wife where they make no further claims against each other capital or maintenance. Only really possible where there are no children involved.
Collaborative Law:
Process where the Lawyers and the parties to the divorce try to reach a settlement without involving the Court.
Consent Order:
A Court Order rubber stamping an agreement already reached between the parties.
Contact:
This is the word we use to describe visits to the children by the parent who no longer lives with them all the time.
Co-Respondent:
The person with whom the Respondent is supposed to have committed adultery. This person no longer has to be named in divorce proceedings.
Custody:
See Residence
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Decree Absolute:
The final Order of the Court which brings a marriage to an end.
Decree Nisi:
The provisional Divorce Order which is issued 6 weeks before the Decree Absolute.
Domicile:
Your Country of residence.
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Final Hearing:
The last hearing in a dispute over financial proceedings between the parties.
First Directions Appointment (FDA):
A preliminary hearing with financial dispute between the parties.
Financial Dispute Resolution:
Normally the second hearing in the financial proceedings process which takes place after the first directions appointment (FDA) above. Both parties are encouraged to negotiate a settlement rather than proceed all the way to a final hearing.
Form A:
A form the Applicant has to fill in and hand to the Court to start financial proceedings (ancillary relief).
Form E:
The form that both parties have to complete to give full disclosure of their financial position within ancillary relief proceedings.
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Injunction:
A Court Order preventing or demanding that something has happened. Normally issued in emergency only.
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Joint Tenants:
One of the two common forms of owning (not renting) property. Basically if one joint tenant dies his or her half share immediately passes to the other joint tenant whether or not the deceased joint tenant has left a will.
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Maintenance:
Periodic payments made by one party to the other for living expenses etc, usually on a monthly basis.
Matrimonial Home:
The premises where the married couple normally live together.
Mediation:
Process by which a divorcing couple meet with an independent “Mediator” to try to reach an agreement about finances or children. Usually arranged through the Family Mediation Service.
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Parental Responsibility:
The term used to describe the legal right to duties and responsibilities a parent has to their child.
Petition:
The name given to the Court document applying for a divorce.
Petitioner:
The person who applies for the divorce.
Property Adjustment Order:
A Court Order transferring property between one party and the other.
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Questionnaire:
A list of questions requiring further information after the Form E has been completed.
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Residence:
A parent with "residence" is the parent with whom the child normally lives. Residence used to be called custody.
Respondent:
The person receiving the Divorce Petition.
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Statement of Arrangements:
A document which sets out the proposals for the children when the divorce takes place.
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Without Prejudice:
A way of writing to the other side in a dispute or making an offer which enables negotiations to take place "off the record".
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