Glossary of Terms
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Answer
A defence to a divorce petition. Then results in the divorce being defended, which is long, costly and public so much thought and care is needed before defending.
Applicant
A person who starts legal proceedings or makes an application – where this is a petition for divorce, s/he is referred to as “the petitioner”.
Arbitration
A form of independent adjudication but outside the court system and with the opportunity to agree timetables, choice of arbitrator, procedures, location of hearings etc. Can be for all issues in a case or just a narrow point in dispute. Not yet binding in English family law. Watch this space as the government are considering law change.
Affidavit
Aka a sworn statement, a written statement which has been “sworn” (confirmed as being true before an independent solicitor or court official); the affidavit can be treated as if it is evidence given personally in front of a court after an oath (e.g. “I swear by Almighty God that I will tell the truth, the whole truth and nothing but the truth” or “I solemnly and sincerely declare that …”). It can be on any religious book. It can be “declared” if no religious belief. Any solicitor can swear a document, often without an appointment. The fee is £5 plus £2 per exhibit.
Ancillary Relief
The ludicrous name for court proceedings about financial issues connected with (“ancillary to”) divorce proceedings.
Adultery
Sexual intercourse by a married person with a person of the opposite sex, who can be married or unmarried. A basis for divorce. Rarely needs proof as invariably admitted but private investigators have not yet hung up their macs. And some spouses are amazingly careless about hotel receipts, e-mails, personal habits and worse!
Acknowledgement of Service
The response form to a divorce petition, must be returned in short time after service, shows if any intention to defend, any dispute on jurisdiction, if children arrangements are agreed. Is exhibited to petitioner’s affidavit in support of the petition, the next stage along with the application for the decree nisi.
ADR
Alternative dispute resolution, refers to all forms of settlement other than a court based resolution; includes mediation, directive mediation, lawyers’ negotiation, collaborative law and arbitration.
