Family Law Jargon Buster

Family Law Jargon Buster

The legal world uses a lot of terms that you won’t see in everyday life. In recent years there have been steps to cut out the old-fashioned Latin words and encourage the use of straight-forward, everyday language that people can understand and use whether they have legal training or not. In spite of this you might still see some terms that puzzle you or have a very specific definition unique to family law.

We’ve created this ‘jargon buster’ to explain some typical legal terms you might come across during your experience with family lawyers and the family courts.

Divorce

Petitioner

The petitioner is the person requesting the divorce. The other party is the Respondent.

Decree Nisi

A court order which allows a married couple to dissolve their marriage after a period of six weeks and one day. It does not dissolve the marriage but acts a ‘cooling off’ period and an opportunity for the respondent to appeal (which is very rare). No one has to attend court unless they want to lodge some objection to the divorce.

Decree Absolute

An application for a decree absolute can be made by the Petitioner after six weeks and one day from the date of the decree nisi. If the application is successful, the marriage will be formally dissolved and the parties will be free to re-marry.

Jurisdiction

The courts must have what is called ‘jurisdiction’ to hear the matter before a case can start: this means that the case has some connection to England and Wales, usually because one or more of the parties involved lives there. If you aren’t sure about whether your case falls within the jurisdiction of the courts in England and Wales then you should consult an international family lawyer for advice.

Finance

Settlement

When a marriage/civil partnership/relationship breaks down, the parties will likely need to decide who gets to keep which assets, including former matrimonial home (FMH), other property, joint banks accounts, pensions, shares etc. The agreement about who takes what is called the settlement.

Clean Break

The concept that the parties should go their separate ways and end ties to each other financially in order to begin new lives is currently very popular with judges. Previously it was common that a husband would have to support his wife for many years after a divorce, even until she died, because she was unable to support herself. Now that the sexes are more equal in the workplace it is expected that in most cases the parties will support themselves after divorce and even if maintenance is required for a short period, the party receiving it will try to enter the workplace. This is not always appropriate where there are a great deal of assets so please consult a solicitor if you have any questions about a settlement and whether a clean break is right for you.
It is important to remember that there can never be a ‘clean break’ from paying maintenance for children.

Consent Order

An agreement by both parties regarding settlement of their finances which takes the form of a court order. The court seal the order and makes it binding on both parties.

Lump Sum Order

An Order for one party to pay the other party a one off sum for reasons including (but not limited to):

  • To pay off a mortgage
  • In exchange for property
  • To maintain the other party financially through a lump sum instead of maintenance

Periodical Payments Order

A court order for one party to financially maintain the other party through fixed payments (usually on a monthly basis).

Property Adjustment Order

A court order to transfer all/some of the interest in a property from one party to another.

Pension Sharing Order

An Order which divides a party’s pension in the event where the other party has little or no pension and is unlikely to build a pension up in the future. This can split the pension immediately and each party reinvests it in the pension scheme of their choosing or the pension pay-out can be split in the future.

Pre-nuptial agreement

A contract entered into by both parties before marriage which sets out what will happen to their assets during the marriage and in the event of a divorce.

Although it is not formally binding, the agreement can be considered by a court in England and Wales when making a financial order and is increasingly being used to protect the parties’ pre-marital assets. A consent order might be based on a pre-nuptial agreement.

If the parties do not end up in court relating to finances the agreement can be used a template for dividing up the assets the parties have at the time of a divorce.

Before signing an agreement, both parties must ensure that they obtain independent legal advice, make full disclosure of their financial assets and sign the Agreement at least 21 days before the date of the marriage.
Post-nuptial agreement

Similar to a pre-nuptial agreement, except enter into an agreement after marriage detailing how the couple’s assets would be split in the event of a divorce. A couple might reach several agreements in the course of a marriage as their lives together develop and property is purchased and sold and children are born, grow up and leave home.

Children

Child Arrangements Order

A Child Arrangements Order is the new name for what you might know of as a custody, access, residence or contact order. Whereas before there were two separate orders for custody/residence and access/contact, there is now only one single order which will set out the arrangements for where a child lives and when other family members see the child.

Parental Responsibility

Parental Responsibility is the idea that a parent has responsibility for a child including to care for the child, to maintain the child financially, to provide the child with education, etc.
A child’s mother automatically has parental responsibility and a father automatically has parental responsibility if he was married to the mother at the time of the child’s birth.
A father will also have parental reasonability if the child is born after 1st December 2003 and he was registered on the child’s birth certificate as the father.
If a father does not fit into this criteria he may obtain parental responsibility by:

  • Entering into an agreement with the child’s mother
  • Applying to the court
  • Marrying the child’s mother and registering himself onto the child’s birth certificate

If you have any family law problems and would like some advice, call us on 02071006100 to book an appointment with one of our expert solicitors.

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Regular Catch-up Strategies


At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.