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Legal Terms of Divorce Settlements

It is important for anyone thinking of or going through a divorce to understand the legal terms used in the procedure.   The following are some common terms used in the divorce process.

Acknowledgement of service form is the form used by the respondent to acknowledge that he or she has received the divorce petition from the court.

CAFCASS is the Children and Family Court Advisory and Support Service.  A CAFCASS officer focuses on the needs and well-being of children involved in divorce cases.  These social workers prepare reports regarding the children and in the event of a disputed child proceeding, they determine the best option for the child.

Consent order is a court order that specifies and puts into effect the agreements made between the husband and wife.

Contact refers to the arrangements made for the child to visit the parent or another adult he or she does not live with.

Decree nisi is the court order designating that the ground for divorce is established.

Decree absolute  is the court order that declares the marriage has ended.

Judicial separation is a separation by the court to allow the courts to make the necessary orders for money and property.  If the husband and wife are in agreement about financial issues, a judicial separation is not necessary.

Mediation is an option for couples unable to reach agreements concerning their children and finances.  A mediator assists the husband and wife in discussions of these topics.

Parental responsibility refers to the established rights and responsibilities a parent has for his or her child before, during and after the divorce proceedings.

Petitioner the person applying for the divorce or judicial separation.

Prohibited steps order is a court order that specifies prohibited actions of the parents, such as moving out of the country of changing the child’s surname.

Residence order is the court order that indicates the living arrangements for the child.

Respondent is the spouse that is not applying for divorce or judicial separation.  He or she receives the petition from the other spouse, the petitioner.

Separation agreement is the legal document listing the agreed upon terms of the husband and wife.  This is normally written before the divorce proceedings begin.

Specific issue order is a court order that specifies actions to be taken regarding a specific child-related issue, such as where the child will attend school or how a medical treatment will be addressed.

 

2008-02-16
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2008-02-10
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