Legal Jargon

Mediation is a form of alternative dispute resolution that can be used to settle a wide range of legal disputes and avoid some of the expense, delay and potential risk associated with court action. In mediation, a neutral, trained third-party individual is appointed to assist disputing parties in coming to a mutually acceptable resolution through negotiation and compromise. In certain cases, the disputing parties’ legal advisers will attend a mediation. Mediation is voluntary for both the claimant and defendant and is non-binding until it is written into an agreement that both parties sign. If not satisfactory agreement can be reached, the parties can still decide to pursue the matter through the court system.

In family cases it is usually a requirement to have attempted mediation before an application can be made to the court. Mediations for family cases are generally attended by the parties only.

The age when a person gains full legal rights and responsibilities. In the UK this is the age of 18. Up until then, a minor would generally need a Litigation Friend to act on their behalf.

Regular payments of money by one party to the other, also known as periodical payments, to provide for their support or for the support of children of the family. Child maintenance payments are generally dealt with by the Child Maintenance Service (CMS), save in the case of very high earners over a certain threshold.

Where one party is ordered to pay the other a lump sum of money by a specified time or following a specific event.

Taking legal action for civil matters through the courts i.e. a court case.

A party to a court case who is not represented by a lawyer.

Any party in a non-criminal court case, for example the applicant, claimant, respondent and defendant.

A term often used to describe a separation where there is no divorce but arrangements have been set out in a Separation Agreement. This is not an order, as is the case in a divorce, but is a written agreement between the parties in which they agree to certain conditions and financial arrangements. This can be overridden by the Court in the future if it is deemed to be unfair on one party.

A formal court-ordered separation that is not a divorce but which allows the court to make financial orders. Judicial separations are rare and are usually used where parties do not wish to divorce, perhaps for religious or reputational reasons, but do wish to finalise financial matters.

The fee payable to the court at the start of the case.