Dealing with any relationship breakdown stressful and upsetting. We do not want the legal process and the wording we use to make the situation worse so we strive to keep legal jargon to a minimum. We appreciate you will come across terms you may not understand so we have tried to explain these as clearly as possible in the definitions below, so that you fully understand the process you are going through.
If you need further explanation then please do contact us.
Where the parties to a marriage have lived completely separate and apart for a continuous period of five years. It is not necessary to obtain the consent of the other party if using this fact for a divorce petition.
When a court hearing is moved to another date.
Sexual relations between a one party to a marriage and someone of the opposite sex who is not their husband or wife. This can apply even if the parties are separated.
The formal term for the financial issues flowing from a divorce.
In the event that an Order is wrong in law, the process where a party applies to a superior Court to reverse the decision.
The person making the application to the court.
Items of monetary value which can include land, buildings, bank accounts and investments as well as personal items like furniture and jewellery.
Children and Family Court Advisory and Support Service. A service which is independent from the courts and undertakes a safeguarding check (including the police and social services involvement with the parties in the past) prior to the first hearing. Also provides information and advice as to the best interests of the children throughout proceedings, if required to do so, either verbally to the judge or in the form of a written report.
In Care proceedings a CAFCASS officer will be the child’s court appointed guardian who looks after their interests from a legal perspective.
An order which regulates where a child lives and how they spend their time with each parent. Only made if there is a dispute between the parents that they cannot resolve between themselves or through mediation. If there is no dispute no order is required.
The Act of Parliament dealing with child-related matters, including orders that a court can make.