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
Section Eight order
Section 8 of the Children Act 1989 provides a range of orders which are intended to deal with disputes between parents over how their children should be brought up. They only apply to private law proceedings and the orders available include:
Section Eight-Five order
Refers to s8(5) of the Child Support Act, which gives the court power to make orders for maintenance for children where their parents are agreed about the level and wish to exclude the CSA. As from 3 March 2003, new court orders can only last a year before one party can ask the CSA to deal with the assessments.
Section Twenty-Five Factors
Refers to s25 Matrimonial Causes Act 1973, which lays down the factors the court should consider before exercising its powers to divide the finances and make maintenance orders. See our fact sheet on Financial Outcomes.
Separation
No need for a court order to prove it. As far as the Inland Revenue are concerned, they will often look at the surrounding facts before deciding if a couple are separated for tax purposes. For purposes of a divorce, a couple can be separated and live under the same roof as long as clear evidence of living as two separate households.
Separation agreement
See Edgar agreements.
Serve
The process of delivering formally a court document to those who must be notified of it. Generally documents are “served” by post or “DX”; some procedures have special requirements dictating that the documents are delivered personally.
Severance of joint tenancy
Where two or more people own property, they will often hold it as joint tenants (if one dies, his/her share goes automatically to the other) or as tenants in common (their share in the property is dealt with according to their Will or the rules of intestacy if there is no will). Severing the joint tenancy converts the joint tenancy into a tenancy in common. It is a step that needs to be considered on consulting a solicitor.
Solicitors Family Law Association (SFLA)
See Resolution.
Special Procedure
The procedure for an undefended divorce when there is no necessity for anyone to attend court and everything is dealt with on paper. It is no longer special as 98% or more of all divorces are dealt with in this fashion. It was special when it was introduced in the early 1980s and surprisingly enough in the legal profession, the terminology has not yet changed!
Specific order issue
Contains directions to resolve a particular question which has arisen in relation to a child e.g. where s/he should go to school.
Standard Costs
See indemnity costs.
Statement of Arrangements for the Children
A document to be competed by the petitioner and lodged with the divorce petition regarding present and intended future arrangements for the children. The court has to be satisfied about the arraignments before there can be a final divorce.
Statement of Issues
A document filed before the First Appointment which sets out the issues in the case, the areas of potential dispute and the issues which need adjudication and resolution. It is an important document as it can determine the direction the case goes and areas for future investigation. It helps lawyers to narrow the issues.
Statutory Charge
Refers to the right of the Legal Services Commission to recover, with some exceptions, the costs incurred under a legal aid certificate from what has been in issue in the proceedings.
Stays
A term used when proceedings in a court are temporarily halted. This may be in the context of resolving which country will deal with jurisdiction. It should be distinguished from proceedings which are dismissed, which is a complete end, and proceedings where there will be no further steps on one particular issue.
