Glossary of divorce terms R-W

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.

Recovered or Preserved Money or property which has been gained or kept in the course of divorce proceedings.

Relevant Child Child of the family who is not yet sixteen at the date of decree nisi and who is still in full time education or training or who is disabled or dependent.

sep_and_div.jpgReply A document filed by the petitioner in response to an answer.

Request for Directions An application to the court for a decree nisi.

Reserved Costs This is when a decision about costs will be made later during divorce proceedings.

Residence Order Made under the Children Act 1989 to decide where a child is to live. Only necessary where parents fail to agree.

Respondent The spouse who receives the divorce petition or judicial separation.

Sealing by the Court The court stamps a document filed at the court office or stamps an order or decree when issued.

Secured Provision When an asset which provides income is put under the jurisdiction of trustees and used to provide maintenance.

Separation Agreement A document setting out the terms agreed usually before divorce proceedings. A solicitor should be consulted before signing.

Service The process by which court documents are formally sent to one spouse.

Special Procedure When a divorce is undefended, the decree can be issued without either spouse having to appear at court.

Specific Issue Order An order determining a specific issue relating to a child, for example when parents cannot agree about schooling or medical treatment.

Spouse A husband or wife.

Statement of Arrangements The form sent to the court with the petition if there are any children. It sets out proposed arrangements for the children. If possible, this should be agreed between both parents and signed.

Statutory Charge If you are receiving public funding (legal aid), this is the amount to be paid if the funding did not cover all your legal costs. Various rules apply.

Subpoena An order that someone attend a court hearing.

Summons An order that someone attends court at a specified time or date.

Talaq A Muslim divorce.

Tangible Property Property that has value in and of itself such as a house or a car.

Testimony Statements or evidence provided by a witness under oath in court.

Transcript: A typed record of the trial or court hearing.

Trial  A formal court hearing presided over by a judge to resolve the issues. Sometimes referred to as a final or fully contested hearing.

Undefended Divorce Where the respondent does not oppose the divorce being granted.

Without Prejudice Anything said or written without prejudice during negotiations cannot be disclosed to the court if no agreement is reached.

 

 

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