Tracey Miller Family Law: Glossary of Legal Terms
Our family law glossary of legal terms aims to provide potential and current clients alike with a greater understanding of the legal terms involved in family law.
If you would like to speak to a family law solicitor about a potential case, or simply require more information about a specific area of family law, feel free to contact us via telephone or e-mail.
Divorce Glossary
- Divorce
- - To formally end a marriage
- Petitioner
- - The party applying for the divorce
- Respondent
- - The party receiving the divorce
- Petition
- - The application to the court to end a marriage
- Certificate Of Reconciliation
- - the document a solicitor must file with the court, informing the court whether the petitioner has been advised about a reconciliation and whether they have been given the names of any counsellors.
- Acknowledgement of service
- - The document the respondent returns to the court when they have received the divorce petition.
- Decree Nisi
- - The first court order regarding the divorce.
- Decree Absolute
- - the final court order regarding the divorce and ending the marriage.
Finance Glossary
- Form A
- - The application to the court for a financial order
- Form E
- - The financial statement that provides information about a party's finances.
- Form H
- - The costs schedule that must be filed before a court hearing.
- FDA
- - The first directions appointment.
- FDR
- - The financial dispute resolution hearing.
- Final Hearing
- - The court decides the financial settlement between the parties if matters have not been resolved.
- The Former Matrimonial Home
- - The last family home where the parties lived together as husband and wife.
- Periodical Payments
- - Regular maintenance payments from one party to the other.
- Lump Sum Provision
- - A capital payment from one party to the other.
- Property Adjustment/Transfer
- – A transfer of a property from one party to the other, most often being the former matrimonial home.
- Pension Share
- - An order transferring part of one party's pension fund to the other.
- Consent Order
- - An order setting out the financial settlement that the parties have agreed on.
- Statement of Information
- - A summary of the party's finances. This must accompany a consent order to court.
Children Glossary
- Child Arrangement Order
- Specific Issue Order
- - An order determining a specific issue, for example: where a child will go to school.
- Prohibited Steps Order
- - An order preventing a party taking a particular action with a child.
- Parental Responsibility
- - The rights, duties and obligations that a parent has towards their child and their child's property.
- Parental Responsibility Agreement/Order
- - An agreement or court order conferring parental responsibility on one of a child's parents.
- This includes provision for where and with whom a child lives or visits
Miscellaneous Glossary
- Judicial Separation
- – Legal separation of a married couple.
- Decree of Judicial Separation
- - A decree of legal separation removing the duty to cohabit.
- Civil Partnership
- - Same sex marriage.
- Dissolution
- - Divorce for civil partners.
- Decree of Dissolution
- - A decree of divorce for civil partners.
- Cohabittees
- - People who live together but are not married.
- Cohabitation Agreement
- - An agreement between cohabittees regarding what will happen to their property and assets should their relationship breakdown.
- Pre- Nuptial Agreement
- - An agreement between people who are planning to marry, before the marriage, dealing with what will happen to their assets should their marriage breakdown.
- Post- Nuptial Agreement
- - An agreement between people after their marriage, dealing with what will happen to their assets should their marriage breakdown.
- Pre – Registration Agreement
- - An agreement between a same sex couple who are planning to enter into a civil partnership, before the civil partnership, dealing with what will happen to their assets should their civil partnership breakdown.
- Separation Agreement
- - An agreement between people who are going to be voluntarily separated dealing with what will happen on separation.
- Resolution
- - The solicitors family law association.
- Non- Molestation Order
- - An order preventing a person from harassing, molesting or interfering with another.
- Occupation Order
- - An order capable of forcing someone to leave a property, usually the former matrimonial home.
- Joint Tenancy
- - This describes a property held in joint names, meaning the right of survivorship applies.
- Tenancy in Common
- - A property is held in joint names but the right of survivorship does not apply.
- Will
- - A legal document which allows people to leave their assets to beneficiaries of their choice.