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Family Law Jargon Absent Parent - The parent who is not living in the same household as the qualifying child. Affidavit - is a written declaration made under oath; a statement sworn to be true, signed by the declarant (the affiant) and witnessed by a taker of oaths (e.g. solicitor). Ancillary Relief - Is a financial order which refers to the resolution of financial and property aspects of the marriage breakdown. Bigamy - A criminal offence which is committed when someone who is legally married then marries someone else. Barrister - A specialist in advocacy, representing individuals in Court, under instruction from a solicitor or another designated professional. Calderbank Letter - A 'without prejudice' letter making an offer of settlement prior to the case going to hearing. If the offer is rejected by the other party and the Court awards the same or less then there is the risk of having to pay the other party's costs from the date the offer was made as well as one's own. Chattels - A legal term used for the description of personal possessions, usually in respect of a house, furniture, jewellery, paintings and ornaments. Clean Break - A final Order which deals with all finanical issues between spouses and provides for the dismissal of maintenance claims and is not capable of subsequent variations even if circumstances change. Co-Habitation - Living together without being married. Conciliation - A process of mediation which allows couples to reach agreement on issues relating to the divorce, e.g. arrangements for children. Consent Order - An Order made by the Court in terms agreed by both parties. Contact Order - An order made under the Children Act for the child to visit or stay with the parent to whom the child is not living with. It will also cover contact in respect of the exchange of letters, cards, telephone calls and may also be in favour of grandparents. Decree Absolute - The final stage of a divorce. Decree Nisi - Is a document issued by the Court when it is satisfied that the grounds of the divorce have been established, after which you have to wait 6 weeks and 1 day before you can make your divorce final. Exhibit - A document which has been referred to in, sworn with and attached to an Affidavit. Parental Responsibility - The responsibility that a parent has for a child in terms of taking decisions that will shape the future of the child such as where the child will live, what religion the child will follow and where the child will be educated. Pending Suit - While the divorce is still processing i.e. before Decree Absolute. Petitioner - The person who initiates the divorce proceedings by filing the petition. Petition for divorce - The form used to apply to the Court for a divorce. Prohibited Steps - An Order which limits when certain parental rights and duties can be exercised. Qualifying child - A term used to mean a child under 16 or under 19 who is in full time non advanced education. Residence Order - An order that settles the arrangements to be made as to the person with whom a child is to live. Respondent - The spouse who is not the petitioner. Specific Issue Order - An order resolving some particular dispute about the children's upbringing. Statement of Arrangements - A form which has to be filed with the petition if there are relevant children of the family, which sets out the arrangements proposed for them in the future. Undefended Divorce - Where the dissolution of the marriage and how it is achieved is not disputed. Undertaking - A promise to the Court to do or not to do something, which is outside the Court's power to order but is incorporated within a court order so that it is enforceable. Without Prejudice - Negotiations by parties and letters sent to each other labelled 'without prejudice' are inadmissable as evidence and should not be considered by the judge or arbitrator for deciding the factual issues.
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