Legal Aspects of Divorce
Expert-defined terms from the Certificate in Divorce Coaching and Mediation (United Kingdom) course at London School of Planning and Management. Free to read, free to share, paired with a professional course.
ADR stands for Alternative Dispute Resolution, which refers to the process of re… #
In the context of divorce, ADR can be an effective way to resolve disputes related to child custody, property division, and spousal support. Related terms include mediation, arbitration, and negotiation. For example, a couple may choose to use ADR to resolve a dispute over the division of their marital assets, rather than going to court.
Affidavit is a sworn written statement used in court proceedings, often to provi… #
In divorce cases, an affidavit may be used to provide information about the marriage, separation, or divorce. Related terms include sworn statement, testimony, and evidence. For instance, a person may be required to sign an affidavit to confirm their income or expenses in a divorce case.
Alimony, also known as spousal support or maintenance, refers to the financial s… #
The amount and duration of alimony depend on various factors, including the length of the marriage, income, and standard of living. Related terms include spousal support, maintenance, and financial support. For example, a court may order one spouse to pay alimony to the other for a period of two years after the divorce.
Annulment is a legal procedure that declares a marriage null and void, as if it… #
This can be done for various reasons, such as bigamy, incest, or lack of consent. Related terms include void marriage, nullity, and marital status. For instance, a marriage may be annulled if one spouse was already married to someone else at the time of the marriage.
Appeal refers to the process of challenging a court decision or judgment, often… #
In divorce cases, an appeal may be filed to dispute a decision related to child custody, property division, or spousal support. Related terms include higher court, judgment, and court decision. For example, a person may appeal a court decision that awards custody of their child to the other parent.
Arbitration is a process of resolving disputes through a neutral third #
party decision-maker, often used in Alternative Dispute Resolution. In divorce cases, arbitration can be used to resolve disputes related to child custody, property division, or spousal support. Related terms include mediation, negotiation, and dispute resolution. For instance, a couple may choose to use arbitration to resolve a dispute over the division of their marital assets.
Assets refer to the properties, goods, or investments owned by an individual or… #
Related terms include property, estate, and wealth. For example, a couple's assets may include their home, cars, and retirement accounts.
Barrister is a type of lawyer who specializes in representing clients in court,… #
In divorce cases, a barrister may be hired to represent a client in court proceedings. Related terms include solicitor, lawyer, and counsel. For instance, a person may hire a barrister to represent them in a divorce trial.
Child custody refers to the legal responsibility for the care and well #
being of a child, often a major issue in divorce cases. Related terms include child support, visitation, and parental responsibility. For example, a court may award joint custody of a child to both parents, with one parent having primary residence.
Child support is the financial support provided by one parent to the other for t… #
Related terms include child maintenance, alimony, and financial support. For instance, a court may order one parent to pay child support to the other parent.
Civil Partnership refers to a legal relationship between two people of the same… #
Related terms include same-sex marriage, domestic partnership, and registered partnership. For example, a couple in a civil partnership may have the same rights to property and inheritance as a married couple.
Co #
habitation refers to the act of living together with a partner, often without being married. Related terms include common-law marriage, domestic partnership, and unmarried couple. For instance, a couple may choose to co-habitate without getting married, but still have similar rights and responsibilities as a married couple.
Collaborative Law is a process of resolving disputes through cooperation and mut… #
Related terms include collaborative divorce, cooperative law, and non-adversarial approach. For example, a couple may choose to use collaborative law to resolve disputes related to child custody and property division.
Community Property refers to the assets and properties acquired during a marriag… #
Related terms include marital property, joint property, and shared assets. For instance, a couple's community property may include their home, cars, and retirement accounts.
Conciliation is a process of resolving disputes through negotiation and compromi… #
Related terms include mediation, arbitration, and dispute resolution. For example, a couple may use conciliation to resolve a dispute over the division of their marital assets.
Consent Order is a court order that reflects the agreement reached by the partie… #
Related terms include agreement, settlement, and stipulation. For instance, a couple may reach a consent order on the division of their marital assets and child custody.
Contested Divorce refers to a divorce where the parties do not agree on the term… #
Related terms include uncontested divorce, disputed divorce, and adversarial divorce. For example, a couple may have a contested divorce over issues such as child custody and property division.
Counsel is a lawyer who provides advice and representation to a client, often in… #
Related terms include lawyer, attorney, and legal advisor. For instance, a person may hire a counsel to represent them in a divorce trial.
Court Order is a directive issued by a court, often in a divorce case, that must… #
Related terms include judgment, decree, and directive. For example, a court may issue a court order for one parent to pay child support to the other.
Decree Absolute is the final court order that dissolves a marriage, often issued… #
Related terms include decree nisi, final order, and judgment. For instance, a court may issue a decree absolute after a divorce trial, marking the end of the marriage.
Decree Nisi is a provisional court order that dissolves a marriage, often issued… #
Related terms include provisional order, interim order, and temporary order. For example, a court may issue a decree nisi before a decree absolute, allowing the parties to finalize their divorce.
Deposition is a sworn written or oral statement used as evidence in a court case… #
Related terms include testimony, affidavit, and evidence. For instance, a person may be required to give a deposition in a divorce trial to provide information about their income or expenses.
Divorce Coaching is a process of guiding and supporting individuals through a di… #
Related terms include divorce counseling, mediation, and support. For example, a person may hire a divorce coach to help them navigate the divorce process and make informed decisions.
Divorce Mediation is a process of resolving disputes through the help of a neutr… #
Related terms include alternative dispute resolution, arbitration, and negotiation. For instance, a couple may use divorce mediation to resolve disputes related to child custody and property division.
Domestic Violence refers to the abuse or violence between partners in a romantic… #
Related terms include abuse, violence, and harassment. For example, a person may experience domestic violence in their marriage, leading them to seek a divorce.
Equitable Distribution refers to the fair and just division of assets and proper… #
Related terms include community property, marital property, and property division. For instance, a court may order an equitable distribution of a couple's marital assets, taking into account their income and contributions.
Family Law refers to the branch of law that deals with family #
related issues, such as divorce, child custody, and property division. Related terms include divorce law, child law, and matrimonial law. For example, a family law attorney may specialize in divorce cases and child custody disputes.
Financial Disclosure refers to the process of providing financial information, s… #
Related terms include financial statement, disclosure, and financial information. For instance, a person may be required to provide financial disclosure in a divorce case to determine child support or spousal support.
Financial Support refers to the provision of financial assistance, such as child… #
Related terms include child support, alimony, and maintenance. For example, a court may order one parent to pay financial support to the other parent for the benefit of their child.
Guardian Ad Litem is a person appointed by the court to represent the interests… #
Related terms include child representative, guardian, and advocate. For instance, a court may appoint a guardian ad litem to represent the interests of a child in a divorce trial.
Injunction is a court order that prohibits a person from doing something, often… #
Related terms include restraining order, protection order, and court order. For example, a court may issue an injunction to prevent one spouse from contacting the other.
Judgment is a court decision or order, often issued in a divorce case, that must… #
Related terms include decree, order, and directive. For example, a court may issue a judgment in a divorce case, marking the end of the marriage.
Lawyer is a person who provides legal advice and representation to a client, oft… #
Related terms include counsel, attorney, and legal advisor. For instance, a person may hire a lawyer to represent them in a divorce trial.
Maintenance refers to the financial support provided by one spouse to the other,… #
Related terms include alimony, spousal support, and financial support. For example, a court may order one spouse to pay maintenance to the other for a period of two years after the divorce.
Marital Property refers to the assets and properties acquired during a marriage,… #
Related terms include community property, joint property, and shared assets. For instance, a couple's marital property may include their home, cars, and retirement accounts.
Mediation is a process of resolving disputes through the help of a neutral third #
party mediator, often used in divorce cases. Related terms include alternative dispute resolution, arbitration, and negotiation. For example, a couple may use mediation to resolve disputes related to child custody and property division.
Negotiation is a process of resolving disputes through discussion and compromise… #
Related terms include mediation, arbitration, and alternative dispute resolution. For instance, a couple may use negotiation to resolve a dispute over the division of their marital assets.
Nullity is a legal procedure that declares a marriage null and void, as if it ne… #
Related terms include annulment, void marriage, and marital status. For example, a marriage may be annulled if one spouse was already married to someone else at the time of the marriage.
Parental Responsibility refers to the legal responsibility for the care and well #
being of a child, often a major issue in divorce cases. Related terms include child custody, visitation, and parenting. For instance, a court may award parental responsibility to one parent, with the other parent having visitation rights.
Pension Sharing is a process of dividing a pension or retirement account in a di… #
Related terms include pension division, retirement account, and asset division. For example, a court may order pension sharing in a divorce case, allowing one spouse to receive a portion of the other's pension.
Pre #
Nuptial Agreement is a contract between two people before they get married, often outlining the division of assets and properties in the event of a divorce. Related terms include pre-marital agreement, prenup, and marital contract. For instance, a couple may sign a pre-nuptial agreement before getting married, outlining the division of their assets and properties in the event of a divorce.
Property Division refers to the process of dividing assets and properties in a d… #
Related terms include asset division, equitable distribution, and marital property. For example, a court may order a property division in a divorce case, allowing one spouse to receive a portion of the other's assets.
Reconciliation is the process of reconciling or reuniting with a partner, often… #
Related terms include counseling, therapy, and marriage counseling. For instance, a couple may seek reconciliation counseling to work through their issues and reunite.
Separation is the act of living apart from a partner, often a precursor to divor… #
Related terms include separation agreement, separate maintenance, and living apart. For example, a couple may separate before getting a divorce, with one spouse moving out of the family home.
Settlement is a agreement reached by the parties, often in a divorce case, that… #
Related terms include agreement, consent order, and stipulation. For instance, a couple may reach a settlement on the division of their marital assets and child custody.
Solicitor is a type of lawyer who provides legal advice and representation to a… #
Related terms include lawyer, attorney, and counsel. For example, a person may hire a solicitor to represent them in a divorce trial.
Spousal Support refers to the financial support provided by one spouse to the ot… #
Related terms include alimony, maintenance, and financial support. For instance, a court may order one spouse to pay spousal support to the other for a period of two years after the divorce.
Stipulation is a written agreement between the parties, often in a divorce case,… #
Related terms include agreement, settlement, and consent order. For example, a couple may sign a stipulation outlining the division of their marital assets and child custody.
Testimony is a sworn written or oral statement used as evidence in a court case,… #
Related terms include deposition, affidavit, and evidence. For instance, a person may be required to give testimony in a divorce trial to provide information about their income or expenses.
Uncontested Divorce refers to a divorce where the parties agree on the terms, of… #
Related terms include contested divorce, agreed divorce, and unopposed divorce. For example, a couple may have an uncontested divorce, with both parties agreeing on the division of their marital assets and child custody.
Visitation refers to the right of a parent to spend time with their child, often… #
Related terms include child custody, parental responsibility, and parenting. For instance, a court may award visitation rights to one parent, with the other parent having primary residence.
Void Marriage is a marriage that is deemed invalid or null, often due to factors… #
Related terms include nullity, annulment, and marital status. For example, a marriage may be void if one spouse was already married to someone else at the time of the marriage.
Will is a legal document that outlines a person's wishes for the distribution of… #
Related terms include last will and testament, estate planning, and inheritance. For instance, a person may update their will after a divorce to reflect changes in their marital status and assets.