Glossary

A paper hearing is a hearing held in private where you or your ex-partner or any legal representative are not required to be present. The judge will make a decision in private.

This is an individual who works alongside and assists a solicitor as part of a legal team but is not a qualified solicitor. A paralegal has a great deal of knowledge of the law. A paralegal will write legal letters and prepare legal documents, they will do research for the solicitor, interview clients and witnesses and prepare bundles for court.

This is the term used to describe the behaviour when one parent acts and makes decisions that distance their child from the other parent.

An individual who is in charge of the welfare of a child such as to protect and provide for the child. They are also entitled by law to make decisions in relation to that child.

A court case is referred to as part heard when the hearing is stopped due to lack of time for example and therefore has to be concluded at another time.

This is a statement at the front/top page of a court order stating that non compliance with the court order will result in some sort of punishment - often prison or a fine.

Pension earmarking means that when an individuals pension benefits start to be paid, a certain percentage of it will be paid to the ex-spouse. This will be arranged by the pension company once they receive the court order stating this. The pension will still remain in the individuals name.

This happens when the value of the pension is offset against another marital asset. This way the pension remains intact and is not split. An example of this is the marital home.

Pension sharing is when an individuals pension is split between both spouses so each one has their own pension. The pension company can only do this if they receive a court order stating this.

This is the Latin term for 'through lack of care or carelessness'. Per incuriam refers to when a court passes judgement or make an order but the law has not been followed or has been ignored.

Another term for periodical payments is maintenance payments. This is usually paid by the financially stronger ex-partner to the financially weaker ex-partner for child maintenance, spousal maintenance, and help with legal fees. Periodical payments are paid on a regular reoccurring basis, often monthly.

This occurs when an individual lies in court under oath or when they have affirmed they are telling the truth. Perjury is an offence.

Another word for a court application that you submit to the court to start proceedings or resolve matters.

Another word for applicant - the spouse who submits an application form to the family court to start divorce, child arrangements or financial settlement proceedings.

This is a court order stating that a local authority can put a child up for adoption.

This is an individual who starts court/legal proceedings against another individual, group of individuals, company or organisation.

A legal contract signed by a couple after a marriage has taken place detailing child arrangements and how assets and finances will be split in the event of a divorce or separation.

A legal contract signed by a couple at least 28 days before a marriage detailing child arrangements and how assets and finances will be split in the event of a divorce or separation.

This is when a judgement in a court case is widely recognised and becomes an example how other courts could make their decisions in similar cases. It can become the basis of future decisions and judgements.

This is the individual who has/is given the main responsibility for caring and protecting a child.

This is a legal right where communication between a law firm and a client for example can be kept confidential. Privilege protects sensitive and confidential information from being disclosed. Privilege also gives individuals the right not to answer questions or disclose information.

This is the Latin term for 'for the public good'. Pro bono refers to legal services or representation provided by a barrister, solicitor or law firm free of charge to help individuals on low income or benefits or cannot get legal aid.

An individual who's job it is to deliver court papers, often face to face, to a person whom the court wants to send them to. The process server will need to complete a certificate of service form to inform the court that this has been done.

A prohibited steps order is a section 8 order made by the court where the order stops you or your ex-partner from doing a particular act, such as, taking the child abroad if that is not in the best interest of the child. 

This is a court order where the court has decided what happens to the marital home during a divorce, for example, one ex-partner is ordered to transfer the marital home to the other ex-partner. 

This is a barrister whom members of the public can contact and instruct directly without going through a solicitor.

These are cases brought to the family court by the local authority mainly with regards to children.

A putative father is the presumed father of an illegitimate child. This relationship has no legal basis and has not been legally proved or otherwise.