Glossary Criminal Law

Accessory Accomplice Acquittal Adult Affirmative Defense Aggravated Assault Aid and Abet Alibi Arraignment Arson Bail Bail Bond Bail Exoneration Bail Forfeiture Bail Notice Bail Receipt Bail Schedule Battery Bench Warrant Beyond a Reasonable Doubt Bias Crime Bill of Particulars Bind Over Blood Test Book Booking Breath Test Burglary Capital Case Capital Offense Carnal Knowledge Certification Citation Cited Citing Authority or Agency Civil Process Clemency or Executive Clemency Commit Commitment Order Community Service Commutation Competence Order Concurrent Sentence Consecutive Sentence

Consecutive Sentences Constructive Possession Conversion Conviction Count Court-appointed Attorney Courtesy Notice Crime Crimes Against Property Crimes Against the Person Criminal Case Criminal Homicide Cumulative Sentences Custody Custody List Decedent Defendant Defense of Property Disorderly Conduct Diversion Double Jeopardy Driving Under the Influence Drug Abuse Violations Drunkenness Due Process of Law Elements of a Crime Embezzlement Entrapment Exclusionary Rule Exculpatory Evidence Expungement Extradition Federal Public Defender Federal Public Defender Organization Felony Forcible Rape Forgery and Counterfeiting Fraud Gambling Grand Jury Guilty Plea Habeas Corpus Hate Crime Home Confinement Immunity Impeachment

Incarceration Incriminate Inculpatory Evidence Indeterminate Sentence Indictment Indigent Information Infraction Initial Appearance Innocent Instructions Jeopardy Justifiable Homicide Juvenile Larceny Larceny-Theft Leniency Liquor Laws Maim Malicious Prosecution Manslaughter by Negligence Mayhem Mental Health Treatment Misdemeanor Mitigating Circumstances Mitigation Modification Motor Vehicle Theft Murder Murder and Nonnegligent Manslaughter No Bill Nolo Contendere Nonservice Offense Offenses Against the Family and Children Own Recognizance Pardon Parole Party in Interest Penalty Perjury Person in Need of Supervision Petty Offenses Plea Plea Bargain Presentence Report

Presentment Pretrial Services Privilege Against Self-Incrimination Probation Probation Officer Probation Report Prosecute Prosecuting Attorney Prosecutor Prostitution and Commercialized Vice Public Defender Public Offense Quasi-criminal Action Rap Sheet Rape Reasonable Doubt Recidivist Referral Reinstated Bail Remand Remanding Order Return Revocation Robbery Search Warrant Self-Defense Self-Surrender Sentence Sentencing Guidelines Severance of Actions Sex Offenses Simple Assault Status Offense Stolen Property Substance Abuse Treatment Substantive Criminal Law Supervised Release Suppress Surety Bond Surety Bond Register Suspended Sentence Suspicion Unfounded Urine Test Vagrancy Vandalism

Violation Waiver of Immunity Waiver of Rights Form Warrant Weapons

Appeal A defendant who has been found guilty of a crime may appeal his or her case, requesting that a higher court hear it. The appeals process may take a case from a local district court, to the Supreme Court of America. Arraignment The procedure in which an accused person is brought before the court to answer charges. The accused may admit guilt or plea not guilty. If the accused pleas not guilty, a date for trial will be arranged. Bail By posting bail an accused person (or a relative, spouse, associate, or friend of an accused person) secures his or her release from jail while awaiting trial. Bail money is held to guarantee that the accused party will appear before trial. Bail money is returned after the trial is complete, minus any applicable administrative fees. Capital Punishment Capital punishment, or the death penalty, may be used as a punishment for persons who have committed capital offenses such as first-degree murder and treason. In the United States the death penalty is employed by electrocution, lethal injection, gas poisoning, hanging, or firing squad. Civil Law Civil law differs from criminal law in that:

Accusations are brought forward by victims instead of the state or federal government. Guilt is punishable by fines and/or loss of property or freedom instead of imprisonment. The issues it handles are non-criminal in nature.

Concurrent Jurisdiction Some juvenile crime cases may fall under the jurisdiction of both the juvenile court system and the criminal court system. In such cases the prosecutor is allowed to choose where the case will be tried. Crime If a person fails to act in accordance with the law, he or she has committed a crime. State and federal laws determine what constitutes a crime. Minor offenses are referred to as misdemeanors and major offenses are referred to as felonies. Criminal Law Criminal law is concerned with cases in which a crime has been committed. Criminal cases are brought to trial by the state or the federal government, and criminal offenses may be punished by fines and/or imprisonment. Crimes are specified as misdemeanors or felonies. Driving Under the Influence (DUI) Driving under the influence of drugs and/or alcohol is considered a criminal act in the United States. A person found guilty of driving under the

influence stands to lose his or her license, be fined, and face imprisonment. Consequences are normally more serious for repeat offenders. Embezzlement A category of white-collar crime, embezzlement deals with the misappropriation of company or government funds or property by an employee or civil servant who had been entrusted with them. Extortion A criminal offense, extortion occurs when one party blackmails another or takes property or money through threats or intimidation. Federal Court Federal courts try both civil and criminal cases. It is the duty of federal judges to ensure that the rights provided to citizens by the U.S. Constitution and federal laws are protected. Felony A felony or high crime is a crime that may be punished by a year or more of imprisonment in a state or federal prison. Examples of felonies include murder, kidnapping, rape, and burglary. Fraud A defining aspect of fraud is breach of trust. Fraud is committed when one party deceives or misleads another, and through that deception acquires money or property, or abuses the victim's rights. Fraud may go undetected for a period of time as the victim usually relies on the perpetrating party for information. Subcategories of fraud include securities fraud, tax fraud, Internet fraud, identity fraud, and health fraud. Juvenile Delinquency - Criminal acts committed by persons under the age of 18 are referred to as acts of juvenile delinquency. Jurisdiction over most juvenile delinquency cases is held by the juvenile justice system, which aims to rehabilitate rather than punish offending youth. Larceny A form of theft, larceny occurs when one party intentionally takes money or property from another. Grand larceny (usually defined as a theft of property over $500) is considered a felony, while petty larceny (a theft of property worth less than $500) is considered a misdemeanor. Misdemeanor A crime punishable by less than a year of imprisonment in a county jail and/or a fine is considered a misdemeanor. Examples of misdemeanors include shoplifting, simple assault, disturbing the peace, and driving under the influence (provided no one is injured). Model Penal Code In an effort to bring greater uniformity to the state laws in practice across the United States, the Model Penal Code was created. The code proffers certain legal standards and reforms to the states, but is not law in itself. Parens Patriae The juvenile justice system of America was formed under the idea of "parens patriae," or "state as parent." The state is deemed to have a responsibility to care for youths who have begun dangerous or criminal life patterns. Within this parental role the state has a responsibility to do what it can to rehabilitate youth in its care.

Perjury "Lying under oath," or "perjury" is a criminal offense. A person is legally required to truthfully answer questions, or abstain from answering at all, if he or she has sworn before a court clerk, notary public, or other official to tell the truth. Perjury interferes with a juror, judge, or official's ability to accurately understand the information being presented. Price Fixing When companies conspire to set prices and thus control or interfere with free market competition, they have violated antitrust laws. Price fixing is considered a criminal offense. Qui Tam Through qui tam provisions in the Federal Civil False Claims Act, citizens can initiate lawsuits against businesses or agents who have dealt fraudulently with the U.S. government. Individuals who file qui tam lawsuits are referred to as whistleblowers. Reasonable Doubt In order to convict a defendant of a criminal offense, a juror or judge must believe beyond a reasonable doubt that the defendant committed the crime. If a juror or judge finds the evidence against the defendant inconclusive, he or she has a responsibility to find the defendant "not guilty." Securities Fraud A stockbroker, financial advisor, corporation, or investor may commit securities fraud by:

Deliberately misrepresenting the worth of a company or the value of its stock. Illegally trading within an investment account. Failing to keep accurate books. Making deals or trades based on inside information.

State Court Within the U.S. judicial system, each state is given the right to try defendants for violations of state laws. The bulk of civil and criminal cases tried in the U.S. each year are heard in state courts. Waiver and Transfer An intake officer or prosecutor may, through a petition waiver, request that a juvenile delinquency case be heard in criminal court instead of juvenile court. If the petition is approved, the juvenile court will waive its jurisdiction and the case will be transferred to a criminal court. Reverse waivers, in contrast, transfer youth being tried in criminal court back to juvenile court. White Collar Crime Examples of white-collar crime include embezzlement, securities fraud, extortion, price fixing, and bribery. White-collar crimes may be tried in state or federal courts.

Glossary of Family Law

Adoption Alimony Annual Report of Guardian Annulment Blood Test Child Child Custody Child Support Community Obligations Community Property Conservatorship of a Minor Dependent Divorce Family Law Legal Custody Legal Separation Marital Settlement Agreement Minor No Fault Proceedings No Visitation Paternity Suit Pensions and Retirement Funds Physical Custody Power of Attorney (Care of Child or Adult) Qualified Domestic Relations Order (QDRO) Respondent Separate Property Separation Date Settlement Agreement Shared Custody Sole Custody Spousal Maintenance Stipulated Judgment Supervised Visitation Unsupervised Visitation Visitation Ward of the Court

Access - This is the old term for Contact. See Contact. Acknowledgement of Service form This is a form sent by the court to the Respondent (and Co-respondent if any) together with the divorce petition. The form asks questions in respect of the divorce petition and must be returned to the court to establish service of the petition.

Adultery - Sexual intercourse that takes place while you are married, at any time before a Decree Absolute, with someone of the opposite sex who is not your husband or wife. Affidavit -A formal statement, sworn on oath to be true by the person making it. Answer -The formal defence to a divorce petition. Application for Financial Remedy - A general term for the possible financial orders that a court can make in addition to a petition for divorce or Judicial Separation. CAFCASS - The Children And Family Court Advisory And Support Services for England and Wales. You will meet a CAFCASS officer if you apply to the court for any order affecting your child, for example Contact or Residence. In chambers -This term is when the District Judge or Judge considers an application in private. This is less formal than open court. Charge - A charge on a property is like an additional mortgage. It gives the holder of the charge security as he/she has to be paid out of the proceeds of the eventual sale of the house. Child Abduction - The illegal removal of a child from its home, in particular removal from one country to another. A removal may be illegal even if it is by a parent who lives with the child, if someone with the right to help make decisions about the child, such as the other parent, has not given their permission. Civil Partnership - The Civil Partnership Act 2004 came into operation on 5 December 2005 and enables a same-sex couple to register as civil partners of each other. It provides same-sex couples who form a civil partnership with an equality of treatment in a wide range of legal matters with those opposite-sex couples who enter into a civil marriage. Clean break - A one-off order that deals with all the finances between a husband and wife. There can be no subsequent claim for any maintenance even if circumstances change. Collaborative Law A new approach built on mutual problem-solving where both parties and their lawyers pledge to work together to negotiate an agreement without going to court. Conciliation -This is a type of mediation usually in court which helps couples to sort out arrangements for children. If it is outside of the court process, it is usually known as mediation. Consent order - An order made by a court in terms agreed by both husband and wife. Contact -(previously known as Access). The arrangement for the child or children to visit or stay with the parent who no longer lives with them. Indirect contact means the exchange of letters, telephone calls or presents. Contact orders can also be made in favour of others, for example grandparents.

Co-respondent -The person with whom your spouse (the respondent) has committed adultery. It is no longer legally required for this person to be named. Counsel - Another name for a Barrister. Cross-petition -This is when the Respondent argues different grounds for the divorce from those of the Petitioner. Custody The old term for Residence. See Residence. Decree Nisi - A provisional order showing that the court is satisfied. Decree Absolute - This is the final court order bringing the marriage to an end. Directions for trial - A time in the divorce proceedings when the judge considers the petition and the affidavit in support of the petition. The Judge can ask for further information to be provided before a decree nisi is pronounced. This is also the stage in children's applications when the District judge considers the Statement of Arrangements for Children and can ask for further evidence before making any order. Disclosure This is the process of providing full and frank financial details about a persons capital, income, assets and liabilities . This is either done voluntarily, or the court can order it. District Judge -A county court judge responsible for dealing with most aspects of divorce including the financial matters. Domicile - The domicile of origin is normally where you are born unless a new domicile of choice is adopted by taking up permanent residence in another country. Equity -Refers to the net value of a property after mortgages or other charges are paid off. Financial Dispute Resolution Appointment (FDR) - This is the second court appointment within Ancillary Relief proceedings where the judge considers all offers made including those on a without prejudice basis. First Appointment (FA) This is the first court appointment within Ancillary Relief proceedings where the judge considers what other information is needed to determine financial matters. Form E This is a sworn financial statement which contains details about your capital, income, assets and liabilities. Form Es can either be exchanged voluntarily or as part of Ancillary Relief proceedings. Injunction - A court order which tells someone to refrain from doing something. Penalties for not abiding by the order can include a fine or imprisonment in some cases.

Joint Tenancy - A form of joint ownership of land in which both parties share the whole title to the property. If one party dies the survivor will own the entire property. Judicial Separation This involves a court procedure which is virtually identical to divorce. The essential difference is that the court pronounces a decree of Judicial Separation rather than a divorce. This means that you and your spouse would remain married. Liquid Assets - Cash assets or assets easily convertible into cash such as net equity in any property(s), savings, shares, ISAs or endowment and other policies. Lump sum A payment of a capital amount of money. Maintenance - Money one spouse pays to the other for ongoing financial support on a regular basis, either just for the spouse or for children too. Maintenance pending suit -If the divorce may take some time, temporary maintenance can be requested pending the end of the divorce. Matrimonial home - A property where the married couple lives or have lived together. It can either be rented or owned. Mediation A process in which an impartial third person assists those involved in a family breakdown to reach their own agreed and informed decisions about some or all of the issues relating to or arising from the separation, divorce, children, finance or property. Minutes of order - This is when draft terms of agreement go before the court with a request that a consent order be made in the same terms. Mortgagee -This is usually a bank or building society, but it can be anyone, that lends you money to buy a property on the security of the property. Mortgagor -This is the borrower who obtains the mortgage. Non-molestation Order - This order is to prohibit someone using or threatening violence against you or intimidating, harassing or pestering you. Occupation Order - An order which regulates occupation rights to the matrimonial home. A spouse can be excluded from the home or from a certain part of it. Parental Responsibility - This means the rights and responsibilities that mothers and married fathers have to their children. Non-married fathers can acquire Parental Responsibility through marriage to the child's mother, by entering into a Parental Responsibility agreement with the childs mother, by being named as the father on the child's birth certificate after 1st December 2003 or by applying to the court for a Parental Responsibility Order. Pension Sharing - The division of a pension fund between two spouses.

Periodical payments - Another term for maintenance which can be paid weekly, monthly or annually. Petition - This is the document requesting a divorce or a Judicial Separation. Petitioner - The person who starts the divorce proceedings by filing a divorce petition at court. Prayer - The part of the Petition or Answer which asks the court to make orders in favour of the Petitioner or Respondent. Premarital Agreement - A Premarital Agreement (also referred to as a Prenuptial Agreement) is a formal written agreement entered into by a couple before marriage. Its purpose is to record the parties' intentions as to the division of assets in the event that the marriage breaks down. The courts are not obliged to enforce such agreements although they now seem to be moving towards acceptance of them. Prohibited steps order -This is a court order used to prohibit something being done to a child, for example removing a child out of the country. Proof of Identification - it is a Law Society requirement that you supply us with copies of two of the following documents:

Either: A valid UK or European Community passport or: A full UK or EC driving licence. Plus: Proof of address that is no more than 3 months old (this can include a utility bill, Council Tax demand (in your name) or a bank/credit card statement).

Property adjustment order -An order that a spouse should transfer a property to the other. Relevant child - A child of the marriage under 16 at the time of the decree nisi or between 16 and 18 if in full-time education or training for a trade. A disabled and dependant child of any age is considered. Request for directions -An application to the court for a Decree. Residence order - A court order which determines where a child or children will live. Respondent - The spouse who receives and responds to the petition for divorce or Judicial Separation. Separation agreement -A document which sets out the agreement reached in financial matters arising out of a separation without involving the court at all. Service - The process by which court documents are formally sent to one spouse.

Special procedure -When a divorce is undefended, the decree can be issued without either spouse having to appear at court. Specific issue order - An order to resolve a particular issue in dispute relating to a child, for example when parents cannot agree about schooling or medical treatment. Spouse - a husband or wife you are married to. Statement of Arrangements for Children - This form is sent to the court along with the divorce petition if there are any children. It sets out proposed arrangements for the children. If possible, this form should be agreed by the parents and signed. Tenancyincommon - A form of property ownership in which separate shares are agreed (usually when the property is purchased). If one of the owners dies their share will form part of their estate and will not automatically belong to the survivor unlike Joint Tenants. Undefended divorce - Proceedings by agreement or when there is no answer. Without prejudice - This is a way of preventing the court at the final hearing from knowing about any negotiations which did not result in an agreement. You may see this term at the start of a letter.
AABSOLUTE DIVORCE: the final ending of a marriage. Both parties are legally free to remarry. AB INITIO: Latin for "from the beginning." ACTION: a lawsuit or proceeding in a court of law. AFFIDAVIT: a written statement under oath. AGREEMENT: a verbal or written resolution of disputed issues. ANSWER: the written response to a complaint, petition, or motion. ALIMONY: a payment of support provided by one spouse to the other. ALIAS SUMMONS: another summons when the original is not served on the defendant. ANNULMENT: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain limited circumstances. APPEAL: a legal action where the losing party requests that a higher court review the decision. Back to Top

-B(empty)

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-CCHILD SUPPORT GUIDELINES: Each state has child support guidelines which must be followed in awarding child support. The guidelines are typically a formula. There are only a few circumstances when the court can award child support higher or lower than the guidelines. COLLUSION: an agreement between two or more persons that one of the parties brings false charges against the other. In a divorce case, the husband and wife may agree to use adultery as a ground in order to obtain a divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal. COMPLAINANT: the one who files the suit, same as plaintiff. COMMON LAW MARRIAGE: a common law marriage comes about when a man and woman who are free to marry agree to live together as husband and wife without the formal ceremony. to be common law married, both spouses must have intended to be husband and wife. Only certain states recognize common law marriages. COMPLIANT: called a Bill of Complaint. the legal paper that starts a case. CONDONATION: the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is proven by living and cohabiting with the spouse after learning that the wrongdoing was committed. It often is used as a defense to a divorce. CONTEMPT: failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her. CORROBORATIVE WITNESS: a person who testifies for you and backs up your story. If you are asking the court to grant a divorce, you must bring to the hearing a witness who can corroborate your grounds for divorce. CUSTODY-SOLE & JOINT: refers to the legal arrangements for whom a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody is the decision-making part: physical custody refers to where the child lives on a regular basis. Generally, the parent the child does not live with will be allowed to have regular visits with the child. Parents can make any custodial arrangement that is in the best interest of their children. The standard for custody is "best interest of the child".

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-DDEFAULT: a party's failure to answer a complaint, motion, or petition. DEFENDANT: the person the case is brought against. DISCOVERY: a way for getting information from the other side or other people. Examples of discovery are interrogatories (written questions) and depositions (questions which are usually in person and recorded). DISSOLUTION: the legal end of a marriage.

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-E(empty)

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-FFILING: giving the clerk of Court your legal papers.

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-GGROUNDS FOR DIVORCE: the legal basis for a divorce; the law sets out specific reasons for a divorce which have to be proven before the court can grant a divorce.

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-JJUDGMENT: a court's decision. JURISDICTION: the authority of the court to hear a case.

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-LLIMITED DIVORCE: establishes certain legal responsibilities while the parties are separated but does not end the marriage.

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-MMARITAL PROPERTY: includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions. MASTER: hears cases like a judge. A master's decision is reviewed by a judge before becoming final. MOTION: a request to the court.

-PPENDENTE LITE: temporary arrangements for custody, child support, child visitation, alimony, us and possession of the family home, etc., until a final hearing. PETITION: a legal paper that starts a case. PLAINTIFF: the person who started the case. PRO SE/PROPER PERSON: representing yourself in court without an attorney.

-RRECONCILIATION: married people getting back together.

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-S-

SERVICE: providing a copy of the papers being filed to the other side. SPOUSE: husband or wife. SUBPOENA: a form issued by the court requiring someone to appear in court and/or bring documents.

-U-

UNCONTESTED DIVORCE: when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property. USE AND POSSESSION: the right of the parent who has custody of a minor child of the marriage to remain in the family home for a certain period of time from the date of the divorce, under certain circumstances.

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-VVENUE: the county where the case is heard.

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-WWRIT OF SUMMONS: a form issued by the court directing a party to respond to a complaint, motion, or petition.

A
Ancillary Relief Financial proceedings relating to property, money and pensions within a divorce, civil partnership dissolution or judicial separation. You will also receive an acknowledgement if you submit a defence to a claim. Affidavit A statement of truth either sworn on the Bible, Koran or other religious book, or Affirmed. Advocate A lawyer, either a solicitor or barrister, who speaks on your behalf in Court. Applicant The person who makes an application either in relation to Children matters, financial matters or injunction proceedings. Adultery Sexual intercourse of a penetrative nature with another person of the opposite sex whilst married. Absolute The final decree in divorce proceedings which leaves you free to remarry

B
Behaviour The most common ground for divorce or civil partnership dissolution is to allege that your partner has behaved in a way which you find unreasonable. Barrister A lawyer who has proven skills in advocacy, who may Represent you in Court if there is a dispute about money or children, or provide you with specialist advice in relation to legal aspects of your case.

C
CAFCASS

A probation worker who may be appointed by the Court to help the Judge carry out enquiries if there are children proceedings. Custody Now referred to as residence, to reflect which parent a child lives with CSA the government body currently primarily responsible for the collection and payment of child maintenance. Chambers An office, either within the Court building, or also used as a means of describing a barristers office. Counsel A barrister. County Court A civil court which deals with most aspects of finances and children following separation/divorce. The court also deals with other civil claims such as those arising from road traffic accidents and recovery of debts. Corroboration Evidence, either written or oral, which supports what you say.

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D
Divorce A legal process which ends your contract of marriage. Deed of Separation A contract, usually drawn up by a solicitor, which records an agreement reached in respect of financial matters following separation. District Judge

Usually either a senior solicitor, or barrister, who has been Evaluated by the Judicial Appointments Commission as not Only having sufficient technical expertise, but an ability to deliver fairness with a degree of professional integrity. Most issues relating to a divorce eg. money and children, are decided by a District Judge if there is a dispute. Dissolution A legal process which ends your contract of civil partnership. Desertion A ground for divorce eg. your husband leaves to work overseas for over two years and never returns.

E
Form E A lengthy pre-printed form which you may have to complete if there are financial proceedings.

F
Finances Can be sorted out by agreement, or by Order of the Court upon application, but will not automatically be dealt with by the Court. FDR Financial Dispute Resolution Hearing is a type of hearing relating to finances, where parties are encouraged by the court to come to an agreement. Finding of Fact A hearing when the Court decides whether or not certain facts are proven on the balance of probabilities eg. whether or not domestic violence has occurred. Freezing Order A laymans term for an Injunction Order made pursuant to S37 Matrimonial Causes Act 1973 to stop a party from disposing of money or assets pending a final decision being made by the Court about distribution of that money or assets

G
Guardian ad Litem

An experienced social worker appointed by the Court who usually has a legal representative, and provides a Court with a childs views. Gillick competent A term used to refer to a child being of sufficient age, understanding and maturity to give the Court their own views, and to act independently of any adult typically a teenager over the age of 13/14.

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H I
Injunction An Order of the Court preventing someone from doing something eg. disposing of assets, being violent or threatening.

J
Judicial Separation A legal process whereby you remain man and wife, but separated, the advantage of this being that you can apply to the Court for Orders about financial matters to be decided if you cannot agree

K L
Legal Aid A type of funding which may be available if you are in receipt of benefits, or on a really low income. It is now called public funding. It can help with the cost of a divorce, children proceedings, or issues relating to money and property.

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M
Maintenance A monthly payment usually made by a husband to a wife, to help with the cost of looking after a home and personal needs and children. Matrimonial home The term used to describe the house that you lived in whilst married. Magistrates Court A court which deals with criminal cases, and some family cases relating to children.

N
Nullity Court proceedings to end your contract of marriage as a void, or voidable marriage eg. failure to consummate marriage. Nisi Decree Nisi is a certificate which is issued by the Court half way through your divorce.

O
Occupation Order An Order of the Court granting you the right to occupy a property to the exclusion of your husband or wife. Oath To take the oath means to swear to the truth of what is written by you, or said by you, on either the bible or other religious book of your faith ie. I swear by Almighty God that this is my name and handwriting and the contents of this statement are true.

P
Prohibited Steps

An Order of the Court preventing you from doing something in relation to a child eg. taking a child abroad. Pre-Nup A contract entered into in contemplation of marriage, usually to regulate division of money and assets in the event of later separation or divorce. Pension Sharing Order A type of financial order made by the Court which shares your pension fund. Petitioner The person who issues divorce proceedings.

Q R
Residence Previously termed custody. Respondent The person who responds to proceedings issued at Court.

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S
Spouse Your husband or your wife Shared Residence If you agree, and/or the Court Orders, that your child or children are to live with both of you following separation/divorce, usually in blocks of time eg. Monday to Thursday, Friday to Sunday, although not necessarily so.

Separation If you physically separate from one another. Agreements in relation to finances are often recorded in a deed of separation. S25 criteria A reference to s25 Matrimonial Causes Act 1973 which sets out a list of things that a District Judge must consider when making decisions about financial cases.

T
TOLATA If you are not married, but have lived together, then you may have a claim against property that you have lived in, even if it is not in your name, if you have contributed financially to that property in some way. This is a TOLATA claim a claim under the Trust of Land and Appointment of Trustees Act. Trial A hearing in court where parties and witnesses give evidence, are cross examined, and the Judge or District Judge makes a decision.

U
Undertaking A promise to the Court to do, or not to do something which is enforceable by way of fine or imprisonment. Without Prejudice If correspondence is marked without prejudice, then generally speaking, it means that it cannot be produced in Court. There are some exceptions to this.

X
Xydhias An agreement in relation to financial matters reached during the course of negotiations, which cannot be reneged upon.