Commonly Used Phrases And Legal Terminology

Application for Financial Relief

Financial Relief means ancillary to the Petition, i.e. in addition to the Petition and deals with money/property/maintenance. Financial relief was previously referred to as Ancillary Relief.

Conference with Counsel

In some cases a Barrister, more often referred to as Counsel will be instructed to go to Court on your behalf with your Solicitor. You may at some point during your case need to have a conference with Counsel. This is a meeting, which will take place either at our offices or at Counsel's offices known as "Chambers". In more complicated cases there may be the need to have two or three such conferences. At the conference will be the Counsel instructed, your Solicitor, any expert instructed by your Solicitor, such as an Accountant or Financial Advisor and of course you the client. Before the conference or any hearing a "Brief" is sent to Counsel. This is a document prepared by your Solicitor that gives Counsel an outline and relevant details of the case together with copies of all relevant documents. Counsel will read this and the conference is an opportunity to discuss the whole case generally, clarify any points, discuss how the matter will be approached and in some circumstances give you some idea of what outcome you may expect, although this of course is only an opinion.

Contact

The right of the child to see the parent with whom the child does not live. Previously referred to as "access".

Decree Absolute

Final and legal termination of the marriage. Legal consequences follow i.e you are no longer husband and wife, you are no longer automatically entitled to inherit property and other assets and Widows' pensions and their rights are lost.

Decree Nisi

Preliminary stage when the court has determined legal entitlement to a divorce. No financial order can be made until this stage is reached.

Directions Hearing

There may in some cases be several "directions hearings" between the "issue" i.e. start of the proceedings and the finalization of the matter, either at a final hearing or when the matter is settled by agreement. You may or may not have to attend these hearings and your Solicitor will advise you at the time regarding this. At these hearings both sets of Solicitors will either agree or argue for certain directions procedural orders to be made by the Court as to what is to happen next in the case and it may include orders for one or both parties or sometimes third parties to carry out certain specified tasks, for example file a further statement or produce a set of bank statements. The Court will make a decision having heard the points made by both sides and a "Directions Order" is made.

Divorce Petition

A document completed by one party to take the initial step to end a marriage. Basic information will be required as to full names, addresses, occupations, date of marriage, names of children, respective dates of birth and so on.

Duty of Full and Frank Disclosure

Both parties are required by the Court to make full disclosure of all their means in terms of income, capital and outgoings.

Execute

If you are asked to execute a document, it simply means you should sign it and have it witnessed.

EX160

Application form for exemption of fees: if you receive Legal Help you will need to complete an EX160 and you will not have to pay the Petition Court fees, which are currently £180 to lodge the Petition and £30 for a Decree Absolute. The EX160 will need to be completed on each occasion a fee is required.

Former Matrimonial Home

The family home/house.

Form E

A comprehensive statement of financial means, to include all income, assets and outgoings, including supporting documents.

Legal Aid / Legal Help

Free Legal advice at the point of delivery funded by the Government's Legal Services Commission (formerly Legal Aid Board). Check with contracted firms if you qualify and for terms and conditions of Legal Help.

Parental Responsibility

Legal rights, duties, powers and responsibilities, which a parent has in relation to a child.

Pension Earmarking

One party's pension is allocated to pay a lump sum and/or regular payments to the other party upon the paying party's retirement and/or a lump sum from the pension on the payer's death.

Pension Sharing

Came into effect on 1st December 2000. The pension fund is split and part of the fund will be allocated to the other spouse to invest in a pension.\

Petitioner

The person who completes and issues the Divorce Petition through the Courts.

Residence Order

An Order which specifies with whom the child(ren) is/are to live.

Respondent

The person who receives the Divorce Petition.

Specific Issue Order

An order to determine a specific issue, for example in relation to education or health - is it in the child's best interests to attend a particular school/undergo a certain operation, etc.

Statement of Arrangements for Children

A straightforward form to be completed by the Petitioner with basic information such as full names and dates of birth of the child(ren), which schools they attend, whether they are in good health, layout of the child(ren)'s home, how frequently they see the other parent and similar further details relating to the child(ren).

"Without Prejudice"

You may see letters to and from your opponent's Solicitor with this heading. This means that the letter cannot be shown to the Judge without the agreement of the writer, and is therefore private and confidential. This enables legal advisers to make offers to try to negotiate their differences at as early a stage as is possible, to keep legal charges (costs) to a minimum. If an agreement is reached by accepting a without prejudice offer, then all of the letters become "open" (no longer private and confidential) as there is then a binding agreement.