I AM L.I.P

Help Guide 18

Glossary

Definitions of Divorce words and terms

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There are currently 20 terms in this directory beginning with the letter D.
D

Deemed Service
This is the term used when a court declares that an individual has been served (they have received) a copy of an application form and relevant court documents whether they have or not.

Default
This term can be used to describe the act when a person fails to reply to court papers. A default divorce is an uncontested divorce where only one party is involved because the other party cannot be reached.

Deponent
A person who makes a statement, affidavit or deposition under oath is called a deponent. This usually happens in a deposition.

Deposition
A deposition is a meeting conducted outside of the courtroom often in a solicitors office. Here information is gathered by both parties so that the case can move forward. This information can be used in future court hearings. A court recorder can be present to record what happens at this deposition meeting. A deposition can also be called a pre-trial. All statements and information is given under oath.

Direct Access Barrister
This is the process of hiring a barrister directly yourself rather than through a solicitor to represent you in your court case.

Direction
An instruction given by a judge/magistrate which must be acted upon and obeyed.

Directions Hearing
A directions hearing is a hearing where a judge will consider all applications and the facts of the case and give directions for both parties to follow so as to move the case forward.

Directions Order
This is a court order stating what both parties must do before the next hearing so as to progress the court case further. Very often a date and time is given by which to do these things.

Disbursements
An expense occurred in preparation and during a court case outside of legal fees that a solicitor will pay on your behalf. Examples of disbursements are accountant fees, estate agency fees, land registry fees and bank fees.

Disclosure
To provide all details that are required to go forward with court proceedings. These details can be provided voluntarily or enforced through a court order. In financial settlement court proceedings disclosure about an individuals assets and finances is done by completing and submitting a form E

Dissolution
The term used to end a civil partnership. It is similar to the word divorce which is the term used to end a marriage.

District Judge
A district judge is a full time judge who presides over family court cases in the county court. They can hear both financial settlement and child arrangement cases.

DIY Divorce
A do-it-yourself divorce is where you or your ex-partner will complete all the divorce forms yourself and handle all court communication and hearings by yourself.

Domestic Violence
This is a term which encompasses the violence, threats, and abuse inflicted upon a partner or family member to control, scare and frighten them.

Domicile
This is the location of your permanent home where you live or intend to come back to. There are 5 types of domicile you can have in the UK. Domicile of origin - This is acquired through birth and is the country that your parents (mainly your father) were domiciled in when you were born. If your father was not married to your mother or is deceased at your birth then you will acquire the domicile of your mother. Your country of domicile can be different from your country of birth. Domicile of dependency - A child under the age of 18 years will acquire the domicile of their parent or legal guardian when they move and change their domicile. Domicile of choice - This is the country that an individual over 18 years choses to be domiciled in by living and settling in that country permanently. Deemed Domicile - If an individual has been a resident in the UK for 15 of the last 20years then they are deemed a UK domicile for tax purposes. Elected Domicile - For inheritance tax purposes a non-domicile individual who is legally married to a UK domicile individual can elect to be treated as a UK domicile. This was introduced in 06-04-2013.

Domicile of Choice
This is the location which you intend to make a permanent home to live or come back to.

Domicile of Origin
This is the location which a new born child has. This location is the fathers domicile. If the father is deceased or unknown then the location is the mothers domicile.

Draft court order, consent order or agreement
A 'draft' version of a court order/consent order or an agreement is a version that has NOT YET been approved and stamped by the family court. The draft version is like a guide that will assist court staff to write the legally binding consent order.

Duxbury Calculation
The method of calculation used to calculate the amount of lump sum that should be paid to an ex-spouse instead of spousal maintenance over a long period of time.

DVIP - Domestic Violence Intervention Programme
DVIP is also known as DVPP - the domestic violence perpetrators programme. This is a programme for men who have committed domestic violence, aimed to help them with anger management and behavioural change.