Glossary

This is a report produced by Cafcass in preparation for the FHDRA court hearing for child arrangements. Previously this report was called a schedule 2 letter.

This is a document which details the things that the other party have failed to provide form your questionnaire. It can also list other things that are missing to proceed your divorce forward.

This is a document in a table format on which domestic violence allegations are written down by one partner. A copy of the scott schedule is sent to the court, Cafcass and the other partner. This partner them must complete their section of the scott schedule and respond to these allegations.

This is the court stamp that is put on on court order to indicate that it has been approved by the court.

This is a contract between a solicitor and a client whereby part of or all of your divorce financial settlement will go towards paying your divorce legal fees. If you do not have the means to pay for your divorce legal bill as you go along then this agreement is often put in place before the solicitor takes on your case so they get paid.

This is a narrative statement both parties involved in divorce proceedings send to the court prior to a final hearing. The judge will take both statements into consideration when making a decision about financial settlement. Both parties will write their case with regards to factors in section 25 of the matrimonial clauses act.

This is a report ordered by the court where there are serious concerns about the child/children’s safety during the child arrangement proceedings. There are fears the child/children may be at risk of harm. The section 37 report is either done by Cafcass or an experienced social worker and they will conduct a thorough investigation. This report will allow the court to determine what further action needs to be taken to protect the child/children, for example, a temporary care order or a supervision order. It takes about 8 weeks to prepare this report. During these 8 weeks, the child can be placed in temporary care. If a child is interviewed for a section 37 report, they are usually accompanied by their parent. If Cafcass or the local authority feel that a care or supervision order is not required, they must state their reasons.

This report is ordered by the court to be carried out by Cafcass or experienced social workers. An assessment or investigation must be conducted when a child/children are in police protection, are the subject of an emergency protection order, or the child/children are suffering serious harm. This report must be completed within 45 days. Cafcass or the social worker will obtain reports from the police, health visitors, doctors, and the school. They will also talk with the parents. Normally, if a child is interviewed for a section 47 report they are interviewed alone.

This is also called a welfare report. A section 7 report by Cafcass is a detailed report ordered by the court during child arrangement proceedings where you and your ex-partner cannot agree on issues concerning your child/children. This report will contain facts and details guided by the court and looks into issues that the court has asked Cafcass to report on. It will take into account the child’s/children’s wishes, needs, and feelings. The child/children will be interviewed most probably alone, depending upon the child/children’s ages. Cafcass may also speak to family members, teachers, counsellors, and health professionals in preparation of this report. The report will contain welfare issues, parental problems, family issues, and Cafcass recommendations about what they think should happen going forward. It takes 12 weeks for Cafcass to prepare a section 7 report.

This is a court order that stops an individual involved in the proceedings from making further applications until the end of the proceedings or until when the court order states. This order is also called a barring order.

To serve someone means they must receive a copy of your court application form and any other relevant court papers that require them to be informed, respond, comply with directions and/or attend court.

This is when the court dismisses an existing court order as if it had never been made in the first place.

This is the term used to describe the process when joint owners of a property who own the property as joint tenants with equal shares change the way they own it to tenants on common with equal shares.

This happens when a child's living arrangements is shared between both parents equally and the child lives with each parent at different days and times of the week.

The sharing principle applies when both parties involved in divorce proceedings own more assets and have enough finances to more than meet their individual needs. The court will use the sharing principle to decide how to divide these marital assets and finances.

This is the Latin tern for 'without a day'. Sine Die refers to the situation where a court hearing is adjourned without a new set date and time to continue the hearing. It is left open.

This is a written document where the outline of a case is detailed. It summarise the main issues that need to be addressed and the main arguments in a case. A skeleton argument is often prepared before a hearing.

This is the term used to describe a law suit where the primary objective is to silence, harass, intimidate and financially and psychologically exhausting someone from criticising and taking legal action against you. This is normally taken out by firms and organisations to supress someone from taking out legal action. This is a form of legal abuse.

This is the rule that is used where a judge can correct a court order or judgement because a mistake, omission, typing error or accidental slip has occurred. Under this rule notice does not need to be given to the other side nor is there a requirement for a hearing so the correction can be made. The party that has noticed the mistake can make an application for correction without notice.

A legally qualified individual who manages your case, gives you legal advise and represents you.

A specific issue order is a section 8 order made by a court where an agreement is not being reached between you and your ex-partner regarding a particular issue, such as, schooling, surname, medical treatment, going abroad, or stopping contact. Anyone with parental responsibility can apply for a specific issue order. Extended family can apply, but they need permission from the court first. They will ask for permission from the court. In some instances, a specific issue order can last until the child is 16 years or 18 years.

This is an free of charge online programme to help separated parents co-parent effectively, administer a child arrangement order and deal with child issues constructively.

This is the term used when a court hearing is in two parts. The first part will often be a fact finding hearing where evidence is gathered and assessed regarding allegations made. The second hearing is where the judgement or decision is made based on the facts found at the first hearing.

These are payments made to the less financially well off ex-spouse to support them after a divorce. These payments can be made voluntarily or specified in a court order.

This is a document you must send to the court at the start of financial proceedings but before the FDA (financial dispute appointment/the first appointment). Your statement of issues should be a concise document of 1-2 pages detailing the principal issues, the matters on which you and your ex-partner disagree/are in dispute, and the position taken by each of you on each matter. This will help the judge at the first directions appointment (FDA) to understand what are the main points of contention between you and your ex-partner.

This is a form sent to the court to inform them that an individual has been served/given/they have received a copy of an application and/or other relevant court documents that require them to be informed, respond, comply with a direction or attend court. The person who has served the individual that needed to be served must complete this form.

A paragraph at the end of a written statement stating that the person who wrote the content of the statement believes it to be the whole truth and nothing but the truth to the best of their knowledge. This paragraph must be signed and dated. A solicitor can also sign a statement of truth on your behalf.

A written law passed by parliament that originated from decisions made in courts throughout the country. A statute is an act of parliament.

This is the law that has been passed by acts of parliament.

This is the word used to temporarily halt or stop court proceedings from progressing forward.

This is when a court decides that documents/evidence/paperwork in a court case cannot be relied upon or used. They are struck out by the court.

This is the Latin term for 'under the name of'. Sub Nomine is where an individual starts court proceedings under one name and then continues under another name if they have changed their name during the proceedings.

Submission is sending documents, proposals, a legal argument or a court application to start proceedings to the court for consideration.

This is the Latin term for 'under penalty'. Subpoena refers to a summons or writ from the court requiring an individual to attend court.

This is another word for statutory law which is the written law passed by acts of parliament.

A substantive maintenance order is a set payment, normally a larger amount, made to an ex-partner every month for their living expenses

This is a court document/subpoena or writ served (given) on an individual informing them that they need to attend court.

This happens when a parent can only meet with their child in the presence and under the supervision of a third party.

The highest court in UK. The supreme court will deal with appeals from the court of appeal. Nine judges sit in the supreme court and deal with cases.