Legal language explained in simple terms |
| At Family Law Consultants we aim to make sure that our client's not only fully understand the nature of their proceedings and the costs involved but further that they understand the legal terminology which can often be confusing. Much of the wording used in law has a specific meaning.
This information sheet is aimed to explain the meaning of some of the legal language that you are likely to come across within family proceedings. |
Mediation: |
This is a process where a trained independent mediator will try and help a couple reach an agreement about difficulties they are experiencing. Mediation can be used to discuss child arrangements or how assets and matrimonial finances are to be divided as a result of divorce. |
Issue fee: |
| This is a fee payable to the court to start your application. When the court receives your fee they will open a court file specially for your matter and start your application for you. A fee will be payable for each application made to the court some current examples are: |
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Issuing a divorce petition - £300.00 |
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Applying to the court for financial relief upon divorce (Ancillary Relief) - £210.00 |
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Applying for a child contact or residence order - £175.00 |
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| If you are on a low income you may be eligible to apply for a fee exemption. We can discuss this further with you if you feel you may be eligible. |
Solicitor: |
| This is a Professional person who is qualified to conduct legal proceedings and to advise on all legal matters related to their specialist area. At Family Law Consultants we specialise in Family Law and provide advice in relation to Divorce, Financial Matters (for both married and cohabiting couples) and Child Matters. Solicitors must be admitted to the Roll of Solicitors at the Law Society which is available for Public inspection.
It is important that you know who is acting for you to ensure that you receive the best appropriate advice and representation. |
Barrister: |
| A barrister is a member of the Bar. Barristers have rights of audience in the High Court and the superior courts. They are experts in court representation and also give advice on specific questions that you may seek guidance to. Barristers can also specialise in specific areas of law. They practice from offices know as “chambers”. The public are not permitted to contact barristers directly. Barristers can only receive instructions in relation to your particular matter from your solicitor. At Family Law Consultants we only use barristers who directly specialise in family law matters so that you are given the best possible opportunity of obtaining the result that you seek. |
Domicile: |
| This relates to the legal relationship between you and the country you reside in. |
Divorce Petition: |
| This is a written document addressed to the court setting out details as to why the marriage has broken down and seeking an order of the court dissolving the marriage. The petition is lodged at court with a court fee of £300.00 to commence the divorce proceedings. |
Respondent: |
| The Respondent is the person whom the proceedings are filed against. In each case there will be a Petitioner or Applicant (the person applying) and the Respondent (the person replying). |
Statement of Arrangements for the Children |
| This is a form which is completed and sent to the court at the same time as the divorce petition (if you have children). We will draft this for you. The form gives details to the court about the arrangements for any children to the marriage and future arrangements. |
Acknowledgment of Service: |
| This is a form which is sent to the Respondent in proceedings with the petition. The Respondent is asked to complete this to acknowledge receipt of the documents sent to them by the court. |
Affidavit: |
| This is a written statement by one person and that person swears on the bible or affirms that the contents of the statement is true. There are many different types of affidavits which can be sworn relating to proceedings such as divorce, financial matters and children matters.
An example of an affidavit is a statement telling the court that everything in your divorce petition is true and accurate. You have to take your affidavit to either another solicitor, or Commissioner for Oaths, who will ask you to sign it, say a form of wording and will then witness your signature. The affidavit is the same as giving evidence on oath. |
Decree Nisi: |
| This is an order stating that the Judge is satisfied that the grounds for divorce have been established. This is the first decree and a certificate of decree nisi will be sent from the court. |
Decree Absolute: |
| This is the final decree within divorce which brings the marriage to an end and is your evidence that you are divorced. Once granted a certificate is provided by the court for you to keep. This is an important document which must be kept safe as you may need to produce this should you wish to marry again or provide evidence of the end of your marriage to official organisations. |
Ancillary Relief: |
| This is a legal term for an application to court for the court to consider the division of assets, income, pensions etc upon divorce. |
Consent Order: |
| This is an order of the court made with the consent of both parties and can relate to either divorce, financial matters or arrangements for the children. |
Residence Order: |
| This is an order stating with whom a child is to live. Such an order can be made by consent between the parties or by the court upon application. |
Contact Order: |
| This is an order setting out when, where, how often and for how long a child will spend time with a parent. A contact order can be obtained by consent, if both parties agree or in the absence of an agreement the Judge will decide and set out arrangements by making a defined contact order. |
Prohibited Steps Order: |
| This is an order of the court prohibiting a party from taking a specific step for example if a threat has been made to take a child of the family away without the consent then an order of this nature can be made to prevent a child being taken without consent or further order of the court. |
CAFCASS Officers: |
Are appointed by the court to assist parents and children during child applications. They can prove extremely helpful, often resolving such issues between parties. If matters cannot be resolved or should there be welfare issues to be investigated the Cafcass service will be ordered to prepare a formal report for the court with a view to resolving matters. After a report it may be possible to resolve issues by consent or by way of the Judge considering the case, hearing evidence and making a final order of the court.
We hope the above provides a simple overview of the different meanings of legal words that you are likely to come across during your proceedings. We will always endeavour to make sure you fully understand your legal applications. However prior to any proceedings you may issue, we hope the above gives some simple guidance. |
