Legal Glossary for Divorce Terms

by Tyler P. A Passionate Blogger - Entertainment

When dealing with matters that have anything to do with the law there is always legal terms that need clarification to the layman. The same is true in respect of divorce related issues, there are a number of terms that may need to be defined for full comprehension. This article will discuss a number of legal terms in respect of divorce related issues and what they mean.

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During the divorce process you may encounter some of the following terms that may seem strange to you at the beginning of the process. Below are some of these terms and their meanings:

Absent parent - this term is used in the Child Support Act of 1991 in order to refer to the parent not living in the same household as the child, however, an alternative term is non-resident parent.
Affidavit - an affidavit is a form of statement, sworn oath to be true by the person making it. It is important to understand the meaning of this term as affidavits often cause trouble, as facts can sometimes get distorted or exaggerated, therefore, it is important to be guided by your solicitor when drafting an affidavit.
Ancillary relief - this is a general term for the possible financial orders that a court can make in addition to petition for divorce or judicial separation.
Conciliation - conciliation is a type of mediation usually in court which helps couples to sort out arrangements for children rather than financial issues. However, when such an arrangement is done outside the court process it is usually referred to as mediation.
Contact - this term is usually used interchangeably or referred to as access. It is the arrangement for the child to visit or stay with the parent who no longer lives with the child. Indirect contact means the exchange of letters or phone calls. In some instances contact orders can be granted in favour of others besides parents, for example grandparents.
Decree nisi - this is a provisional order showing that the court is satisfied that the grounds for divorce have been established.
Domicile - the domicile of origin is normally where you are born unless a new domicile of choice is adopted by taking a permanent residence in another country.
Injunction - a court order which tells someone to refrain from doing something. Penalties for not abiding by the order can include imprisonment in some cases.
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.
Parental responsibility - this means the rights and responsibilities that mothers and married fathers have to their children. Such responsibilities and rights continue during and after the divorce process. Non-married fathers, guardians and others can acquire parental responsibility through the courts or through a parental responsibility agreement.
Prayer - this is the part of the petition or answer which asks the court to make orders in favour of the petitioner or respondent.