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Legal terminology can be very confusing for non-solicitors. The following is a simple guide to some words and phrases which are commonly used in the context of Family Law.
General terms
Applicant
The person who is making a request for a court order
Consent order
A court order setting out what has been agreed by the parties
Contempt of court
Anyone deliberately failing to obey a court order or to show respect for the court process
Injunction
A court order preventing a party from doing something or requiring a party to do something
McKenzie Friend
A non-lawyer who helps a party in legal proceedings but is not permitted to represent that party in court
Mediation
The process by which parties to a dispute attempt to resolve the issues between them with the help of an independent mediator
Respondent
The person who is not the Petitioner in divorce proceedings, or the Applicant in financial remedy proceedings or proceedings relating to children
Divorce terms
Acknowledgement of service
The form completed by the person who receives divorce papers to confirm that they have received them and stating whether or not they plan to defend the proceedings or pay the costs of the proceedings
Decree nisi
The first court order in divorce proceedings, which confirms the Petitioner has shown the marriage has irretrievably broken down and that a divorce can be granted.
Decree Absolute
The court order that formally brings a marriage to an end
Petition
The main document (often now called an “application for divorce”) in divorce proceedings containing factual details relating to the marriage and a request that the marriage is brought to an end
Petitioner
The person who starts the divorce process at court
Terms for financial issues
Form A
The application form in divorce proceedings to begin financial proceedings
Form E
A document completed by each party to financial proceedings which sets out their financial details
Pension Sharing Order
A sharing of pension funds between parties after a divorce
Periodical payments
An order where one person makes regular payments to the other for their benefit or for the benefit of a child
Prenuptial agreement
A document in which a couple, before their marriage, set out how they wish their finances to be dealt with in the event of a divorce
Separation Agreement
An agreement between cohabiting and/or married couples who intend to separate which sets out arrangements for finances and children
Terms regarding children
Abduction
The illegal removal of a child from his or her parents or guardian
CAFCASS
The Children and Family Court Advisory and Support Service. A CAFCASS Officer is a social worker who acts on behalf of the court to try to reach a solution which best suits the needs of the child when there is a court dispute between the parents
Child Arrangements Order
A court order setting out contact arrangements for a child – i.e. who they should spend time with and for how long
Parental responsibility
The legal rights and responsibilities which a parent has for their child
Prohibited Steps Order
A court order that stops a parent from doing something in relation to a child
Specific Issue Order
A court order made to resolve a particular issue in dispute relating to a child
For more information or some preliminary confidential advice please contact Pippa Allsop, Associate in our Family Team, on +44(0)1392 687747 or email pippa.allsop@michelmores.com
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