Glossary of divorce terms N-Q

Here are a few words decoded to keep you up to speed with the divorce lawyers.  It's bad enough having to pay them, it's even worse if you have to keep asking what they are talking about.

Nominal order This is an order for maintenance when it is not needed or cannot be paid under present circumstances.

Non-Molestation An injunction order forbidding someone from assaulting, pestering, threatening or interfering with another person or persons.

Non-resident parent The CSA now uses this term instead of absent parent, meaning the parent living away from the child.

Nullity Decree A decree that the marriage has been declared null and void. Also known as an annulment.

Occupation Order An injunction excluding someone from his/her home.

Order A ruling by the court on an application that requires the parties in a divorce to do something or not do something or that establishes that parties rights and responsibilities.

Parental Responsibility The duties/rights of a parent towards a child. People married at the date of conception of a child automatically have parental responsibility. Unmarried fathers obtain it if their name appears on the birth certificate, by agreement with the mother, or by court order.

Parent With Care A CSA/CMS term to denote the parent who has the child at home and provides day to day care.

Penal notice This is a court warning usually contained in a court order, notifying the recipient that a breach of the order will result in committal to prison.

Pending suit This is the term used while the divorce is in process but before the decree absolute.

Periodical payments Another term for maintenance.

Petition This is the document requesting a divorce or a judicial separation.

Petitioner The person who starts the divorce proceedings by filing the petition.

Pleadings Documents or formal statements summarising the issues of the case.

Prayer The part of the divorce petition or answer which asks the court to make orders in favour of the petitioner or respondent.

Prohibited Steps Order This is a court order used to prohibit something being done to a child such as being taken out of the country.

Property Adjustment Order An order that a spouse should transfer a property to the other.

Qualifying child A CSA term meaning a child under 17 or under 19 if in full-time education.

 

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