Legal Jargon

Where parties to a marriage agree that they are no longer in a relationship and either that they have physically separated i.e. are living apart, or are living under the same roof but separate and apart.

An in depth report undertaken by CAFCASS or the local authority at the direction of the court, dealing with issues such as the children’s wishes and feelings, safeguarding and any welfare concerns raised by a party. A report should make recommendations as to where a child lives, appropriate levels of time with the other parent and set out any other suggestions the CAFCASS officer may have for the improvement of contact for a child.

In a court action, the respondent is the person who did not make the court application.

In the context of legal action to establish a financial settlement following a divorce, a questionnaire is a document designed to obtain further information about the other party’s financial circumstances. The court will set out a date for these to be filed before the first hearing, along with other specific documents. At the first hearing the judge will generally consider whether all the questions are reasonable or whether some can be deleted, and set a date for replies to be provided.

Where documents are privileged, a party can refuse to disclose these documents as part of the disclosure exercise. The two main examples of privilege are documents created between a solicitor and a client (legal professional privilege) and negotiations between parties with a view to settling litigation (negotiation privilege).

The section of the petition where the petitioner asks the court to end the marriage, possibly asks for a costs order, and gives notice to the court that the petitioner may wish to bring financial proceedings in the future.

Where some or all of one party’s pension is given to the other party as a pension in their own right.

All the duties and responsibility that parents have towards their children. Mothers have automatic parental responsibility. Fathers can acquire it by being married to the mother or by agreement or court order.

A court order whereby a property is ordered to be placed on the market for sale, usually with specified terms such as within a defined time period. Orders for sale are typically used to enforce the sale of a property to release funds, either to settle a debt to a creditor or to meet the terms of a post-divorce financial settlement.

Mediation Information and Assessment Meeting – the preliminary mediation meeting, which explains how mediation works.