Divorce Jargon Buster
Abduction:
The wrongful removal of a child from the person who has the legal care of him or her.
Access:
Now called 'contact'.
Acknowledgment of Service:
The document that the Respondent receives with the Petition. He or she must sign and return it to confirm that they know about the Petition.
Adjournment:
Postponing an event, such as a court case or a company meeting, to a later date.
Admission:
The acceptance that a fact or statement is true which then, in court proceedings, cannot be denied without the court's permission.
ADR (Alternative Dispute Resolution):
An alternative to settling disputes in court such as Mediation or Collaborative Family Law.
Adultery:
Sexual intercourse between a married person and someone of the opposite sex.
Affidavit:
A written statement to be used in court, the truth of which has been sworn or affirmed by the person making it.
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B
Barrister:
Also known as counsel, a lawyer instructed by solicitors to give an opinion or to represent solicitors' clients in court.
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C
Care and Control:
An order made before the Children Act 1989, which gave someone (usually a parent) the day-to-day responsibility for looking after a child. These orders have been replaced by Residence Orders.
Care Order:
An order committing a child to the care of a local authority.
Chambers:
Most cases about children or financial matters in divorce are heard 'in Chambers'. It simply means that no-one may come into the court unless they are directly concerned in the case.
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D
Decree Absolute:
The final order which ends the marriage.
Directions:
Orders made by the court about how the case is to proceed - e.g. for the filing of evidence.
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E
Enquiry agent:
An enquiry agent can be used to trace the other party in a divorce or for other investigative purposes. Enquiry agents can also be used to serve divorce petitions.
Ex Parte:
An application made to the court without giving the other side notice.
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G
Ground:
The legal basis or reason for a divorce. There are six:
- Adultery
- Unreasonable behaviour
- Desertion by the respondent
- 2 years separation with consent
- 5 years separation
- Absent assumed dead
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S
Service:
Giving copies of documents to the other side. Some are served personally, others by post, some by you and some by the court. The court office will explain.
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