Legal Jargon

The process by which both parties in divorce proceedings provide each other with full information about their financial circumstances so that consideration of a settlement can be made in full possession of the facts. Financial disclosure is usually made through a financial statement form (known as a Form E).
Disclosure can be made voluntarily before proceedings begin, either through lawyers or in mediation, or ordered by the court after an application is made.

The order made at the end of a case and which is legally binding on the parties who must comply with its terms. This is equally binding whether the parties have agreed the terms of it or it has been decided by a judge. In financial proceedings, orders could include:

– Pension sharing order – where part of one party’s pension is to be given to the other party.
– Order for sale – where the property specified is to be placed on the market for sale under the terms of the order, such as within 56 days of the date of the order.
– Lump sum order – where one party is ordered to pay the other a lump sum of money by a specified time or following a specific event.
– Maintenance – regular payments of money by one party to the other, also known as Periodical Payments.

The final court appointment where the judge or magistrates will make a decision about how the issues in dispute should be resolved. The parties and any witnesses, including the CAFCASS officer, attend the hearing and give verbal evidence, and are questioned by the other party’s representative. The parties will be legally bound by the decision at this hearing. If the parties reach an agreement between themselves a final hearing may not be necessary.

The first preliminary court hearing following an application being issued.

Someone appointed to advise the court about a matter requiring specific expertise, such as medical, engineering or valuation evidence. Expert witnesses can be appointed by one party or jointly by both parties.

The process by which one party can bring an application to the court to make the other party comply with the terms of the order. The court may impose penalties on the non-compliant party and in some situations can change the terms of the order to meet the intentions of the original order.

Any expenditure or costs that your solicitor incurs on your behalf and are payable to a third party (for example the Court, Tribunal, Land Registry or independent expert).

The formal process in legal proceedings where parties make available to the other side relevant documents on which their arguments are based, provided they are not protected by privilege, in which case they may not have to be shared.

The application made to the court to start divorce proceedings.

Generally speaking, it is desirable to have a single joint expert report to the Court where specialist advice is required. However, there are circumstances where one or both parties may wish to consult an expert of their choosing to decide whether they should challenge the report of the single joint expert. This is now known as a Daniels v Walker application after the case in which a ruling of this kind was first made [2000]. This is applicable to all matters that reach court and where expert evidence is required. Experts appointed this way are still required to be impartial.