Divorce and family law glossary items
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The Decree Absolute on Divorce is now known as the Final Order. The decree absolute was the final application in divorce proceedings, leaving you free to marry again, if you wished.
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A lawyer, either a solicitor or barrister, who speaks on your behalf in court.
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A document being a written statement including an oath either sworn on the Bible, Koran or other religious book, or Affirmed.
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The person who makes an application either in relation to children matters, financial matters or injunction proceedings.
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These are anything of value that you own eg property or investments.
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A lawyer who is a specialist in advocacy, who may represent you in court if there is a dispute about money or children. The barrister will also provide you with specialist advice in relation to legal aspects of your case.
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An office of Court and Family Services - who may be appointed by the Court to help the Judge carry out enquiries if there are Children Act proceedings.
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An office within the Court building where court hearings can be held, but also used as a term to describe a barrister’s office.
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Court orders introduced by the Child Arrangements programme 2014 governing where children will live and how much time they will spend with each parent. Child Arrangement Orders replace orders for contact and/or residence.
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The Child Support Agency/CMS are government bodies currently responsible for the collection and payment of child maintenance.
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A legal union between two partners with similar rights and obligations to a marriage.
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An Court Order made during/following divorce proceedings which brings financial claims between spouses to an end.
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A form of legal agreement reached between an unmarried couple who have chosen to live together defining their rights and obligations, usually around financial and property issues.
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The first stage in the court divorce process confirming that you are able to end your marriage/civil partnership.
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Evidence, either written or oral, which supports what you say.
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A barrister.
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A civil court which historically dealt with most aspects of financial claims and and children cases following separation/divorce - now known as the family court but often in the same building as the County Court. The court also deals with other civil claims such as those arising from road traffic accidents and recovery of debts.
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A document signed by the persons named on the title deeds of a property in which they acknowledge that the property is held in trust either for themselves and or others beneficially setting out the shares in which that the beneficial interest is held.
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A contract, usually drawn up by a solicitor, which records an agreement reached in respect of financial matters following separation.
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Disclosure is the process following separation or in court proceedings for financial provision where each party provides complete and up to date information about his or her financial position.
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A legal process which ends your civil partnership.
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Usually either a senior solicitor, or barrister, who has been evaluated by the Judicial Appointments Commission as not only having sufficient technical expertise, but an ability to deliver fairness with a degree of professional integrity. Most issues relating to a divorce eg. financial issues and children, are decided by a District Judge if there is a dispute although Magistrates can also deal with issues concerning children.
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A legal process which ends your marriage.
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An earmarking order is an option for splitting up pension rights on divorce or judicial separation. It means that a proportion of the pension is specified (earmarked) to go to the spouse usually on retirement. It is an option rarely exercised since pension share orders became available in December 2000.