Glossary

This is when a child under 16 years of age is removed from a parent or legal guardian without the permission or the parent or court.

This is another word for 'contact'. This is usually used in relation to a child.

This is the form used to reply to the court that an individual (the respondent) has received a copy of the divorce application and associated paperwork submitted by their ex-partner (the applicant).

This is the increase in value of an asset directly due to the efforts of one partner during the marriage.

Add backs in financial family court proceedings are when marital assets, investments, and property are added to the marital pot before the division of the marital pot. Normally, this happens when you or your ex-partner has hidden, used, sold, spent, disposed off, or not declared a marital asset. This is allowed under the Family Law Act 1975. You can make a request to the judge during a court hearing or by completing and submitting an application form to do this.

When a court hearing is postponed to a later date and time.

This is the transfer to all legal rights to a child under 16 years of age from one set of parents (often the birth parents) to the adoptive parents.

This occurs when a court makes decisions in a financial settlement case when one partner fails to provide full disclosure of financial information. The court order made is based on conclusions reached based on lack of proper disclosure.

A person who will help, guide and support you through a court case. Depending upon who they are and their legal training if they have any, they MAY be able to represent you in court where they can put forward your case on your behalf. An advocate can help you stand up for your rights. A lawyer and barrister can be referred to as an advocate.

A written statement that has been sworn to be the whole truth by the individual who has written it. The written statement has a signed sworn statement of truth added to it. This statement is sworn with a solicitor present or an authorised court officer.

The term used to promise that you will tell the truth. An affidavit signed and dated by you is an example where you affirm that you will tell the truth. An affidavit is a written statement that has been sworn to be the whole truth by the individual who has written it. The written statement has a signed sworn statement of truth added to it. This statement can be sworn with a solicitor present or an authorised court officer.

This is account freezing court order

This is the term used when one party introduces evidence at a hearing that has not previously been disclosed or mentioned in a witness or position statement. This could be a new accusation or evidence.

A old legal term used for the process of dividing marital assets, finances and pensions during a divorce. Ancillary relief is also known as financial remedy or financial settlement.

The process of declaring a marriage invalid because the legal requirements of marriage were not followed. An annulment can be applied for at any time during the marriage.

An answer is the reply filed in court by a respondent in response to accusations made in a divorce application.

An Anton Pillar Order in family proceedings is also referred to as a search order. The court can order the search of the private premises of an individual for the inspection and seizure relevant papers, evidence, documents and things. This order is only made in exceptional circumstances.

To apply to reverse, overturn, amend, vary a court decision(s) that you disagree with.

An appellant is the person who completes and submits an appeal form to the court to set aside or vary an existing court order. You can request a new hearing, a stay on the existing court order or a stay on case proceedings while the appeal is being dealt with. There are strict time limits in which to lodge an appeal with the court.

The spouse who submits an application form to the family court to start divorce, child arrangements or financial settlement proceedings.

Arbitration is a formal process of sorting out your divorce without court intervention and hearings. An arbitrator is a neutral third party who acts like a private judge and will listen to both parties before making their decision(s). This decision(s) is called an award.

This is the amount of money that is due/outstanding for child maintenance and should have been paid earlier.

Assign is used to refer to the transfer of a marital asset from one partner to another.