Family Law Legal Terms

Affidavit

This is sometimes called a 'sworn statement'. It is a document which we will prepare for you, setting out information about your case. You will then need to swear, on oath in front of a Solicitor or a member of the County Court staff, that it is true. You should never sign an Affidavit that is untrue as this can result in serious penalties if it comes to light later.

Ancillary Relief

This is the phrase associated with the aspects of your divorce or separation which deal with money, property and other assets. It is a general term describing Orders by the Family Court in relation to these matters.

Barristers

Barristers are lawyers who spend the majority of their time offering very specialist advice on particular legal points, and arguing cases in Court. A barrister is sometimes referred to as 'Counsel'. Although many solicitors argue cases in Court (this is known as advocacy) themselves, they will generally instruct barristers where a matter is complicated.

Circuit Judge

This is a senior Judge who will deal with the most complicated cases involving children and also hears appeals from the District Judge.

Conditional Order

This is a preliminary order indicating that it has been proved to the Court's satisfaction that there are grounds for divorce.

Final Order

This is the Court Order which officially ends the marriage.

District Judge

This is the Court official who deals with most stages of divorce proceedings including hearing applications in relation to finances and many matters affecting children.

Injunction

These are now known as Non-Molestation Orders and Occupation Orders. This is an emergency Order of the Court, usually applied for in order to protect an individual who is potentially in danger from violence in the home. This can result in the offending person being ordered to leave or keep away from the home; failure to do so possibly resulting in being sent to prison. Other types of injunction can also be taken out in relation to money or property where there is a danger that one spouse is going to try to give away or sell assets which should be divided fairly as part of the marriage settlement.

Legal Help

This is a type of public funding which, if you are eligible, enables a solicitor to give you preliminary advice and to obtain a divorce or judicial separation but does not cover any applications to the Court about disputes in relation to money or children.

Lump sum

This is a sum of money that the Court order to be paid from one spouse to the other as part of the divorce financial settlement.

Maintenance Pending Suit

This is the term applied to an application to the Court for temporary maintenance to be paid by one spouse to the other.

Periodical Payments

This refers to more permanent maintenance arrangements.

Property Adjustment

This describes applications in relation to the ownership of property, and is usually the transfer of property to one spouse to the other.

Public Funding Certificate

This covers the more complex aspects of a divorce or judicial separation. Eligibility depends on your financial position.