solicitor general
n., pl. solicitors general. (Abbr. SG)
A law officer assisting an attorney general.
The chief law officer in a state not having an attorney general.
Many are quite formal legal terms.
absent parent This has caused some ill feeling. This term was used in the
Child Support Act 1991 to refer to the parent not living in the same household
as the child. Non-resident parent is now usually used.
access This is an old term which has been replaced by the term contact. See
contact.
acknowledgement of service form Form sent by the court to the respondent
(and co-respondent if any) with the petition, with questions about his or
her intentions and wishes in response to the petition. It has to be returned
to the court thus establishing service of the petition.
adultery Sexual intercourse while you are married, at any time before a
decree absolute, with someone of the opposite sex who is not your husband
or wife.
affidavit A formal statement, sworn on oath to be true by the person making
it. (These can often cause trouble as facts can sometimes get distorted or
exaggerated. Solicitors and judges have probably read similar statements before.
Try not to get too angry if you are on the receiving end and be guided by
your solicitor.)
ancillary relief A general term for the possible financial orders that a
court can make in addition to a petition for divorce or judicial separation.
answer The formal defence to a divorce petition. Strict time rules apply
here.
application A document giving broad details of the order sought from the
court.
CAFCASS The Children And Family Court Advisory And Support Services for
England and Wales. You will meet one of these officers if you apply to the
court for any order affecting your child, for example contact or residence.
Calderbank letter This is a solicitor's 'without prejudice' letter which
accompanies a settlement offer. If the offer is rejected and the same offer
or less is made at a hearing, there is a risk of having to pay the costs of
the one who made the offer.
care and attention If your case becomes more complex or has to be dealt
with urgently, this is a term to describe the extra legal charge imposed by
your solicitor.
chambers This is the name for the offices of barristers.
in chambers This term is when the district judge or judge considers an application
in private. This is less formal than open court.
charge A charge on a property is like an additional mortgage. It gives the
holder of the charge security as he has to be paid out of the proceeds of
the eventual sale of the house. In family law, it is usually levied when there
is a legal funding fee to be paid back and there isn't enough capital in the
settlement to do this.
clean break A one-off order that deals with all the finances between a husband
and wife. There can be no subsequent claim for any maintenance even if circumstances
change.
(There can be no clean-break regarding children, this is just between spouses.)
conciliation This is a type of mediation usually in court which helps couples
to sort out arrangements for children rather than financial issues. If it
is outside of the court process,
it is usually known as mediation. See the article on mediation in this section.
conflict of interests Solicitors use this term when, for example, they are
unable to represent you due to other professional relationships.
consent order An order made by a court in terms agreed by both husband and
wife.
contact (formerly referred to as access) The arrangement for the child to
visit or stay with the parent who longer lives with the child. Indirect contact
means the exchange of letters or phone calls. Contact orders can also be made
in favour of others, for example grandparents.
co-respondent The person with whom the respondent has committed adultery.
It is no longer legally required for this person to be named and this can
sometimes cause less acrimony.
counsel Another name for a barrister, e.g., a meeting with counsel.
court welfare officer The previous name for the person used by the court
to prepare a report about the best interests of a child when there is a dispute.
The new term is a CAFCASS reporter.
cross-decrees When a decree is given to the petitioner on the basis of the
petition and to the respondent on the basis of the answer.
cross-petition This is when the respondent argues different grounds for
the divorce from those of the petitioner.
custody No longer used. See residence.
decree nisi A provisional order showing that the court is satisfied that
the grounds for divorce have been established.
decree absolute This is the final court order bringing the marriage to an
end.
directions for trial A time in the divorce proceedings when the judge considers
the petition and affidavit and asks for further information to be provided
if needed in his opinion before a decree nisi is pronounced. This is also
a stage in the children's applications when the district judge considers the
statement of arrangements and asks for further evidence he may need before
making any order.
disclosure The process of providing full financial details, including income,
assets and liabilities. This is either done voluntarily, or the court can
order it. This must be full and frank.
district judge A county court judge responsible for dealing with most aspects
of divorce including the financial matters.
domicile The domicile of origin is normally where you are born unless a
new domicile of choice is adopted by taking up permanent residence in another
country.
Duxbury calculation A tool used in a clean break situation, a formula to
calculate the lump sum necessary based on the amount of maintenance payable
and life expectancy.
equity Refers to the net value of a property after mortgages or other charges
are paid.
exhibit A document shown in court which is usually sworn with an affidavit.
ex parte Usually an urgent application to the court which is made without
prior notification to the other side.
Family Proceedings Court A division of the Magistrates Court where family
law matters are dealt with.
filing When documents are left with the court for sealing and service.
Financial Dispute Resolution Appointment Under the new financial procedures,
this is the second court appointment when the judge considers all offers made
including those on a without prejudice basis.
First Appointment The first court meeting when the judge considers what
other information is needed to determine financial matters.
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.
intestacy A term used when someone dies without making a will.
judicial separation A court order ending in a decree of judicial separation
which enables the court to make orders about finances and other orders similar
to divorce cases.
legal aid The old term for government help with legal fees based on financial
eligibility and the merits of the case. Now replaced by Community legal Service
funding.
Maintenance Application Form and Maintenance Enquiry Form These are standard
forms sent out to both parents by the CSA (Child Support Agency).
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.
maintenance pending suit If the divorce may take some time, temporary maintenance
can be requested pending the end of the divorce.
matrimonial home (usually referred to as the ex matrimonial home) A property
where the
married couple live together. It can either be rented or owned.
matrimonial home rights These are the rights of occupation of both spouses
to live in the family home until the decree absolute. If there is domestic
abuse or violence (refer to our articles in Child Aid and this section for
information), you should seek immediate advice from your solicitor or the
police as the courts have powers to alter this arrangement in some cases.
MacKenzie friend this is a lay helper who can go with you into court, with
the court's permission, but he does not have the right to address the court
directly or examine a witness.
mediation (see our articles in Child Aid and this section on mediation)
This is a method of coming to agreements about children and/or finances with
the help of a trained mediator/s.
minutes of order This is when draft terms of agreement go before the court
with a request that a consent order be made in the same terms.
mortgagee This is usually a bank or building society, but it can be anyone,
that lends you money to buy a property on the security of the property.
mortgagor This is the borrower who obtains the mortgage.
nominal order This is an order for maintenance when it is not needed or
cannot be paid under
present circumstances. This can cause some confusion but the order is made,
say for 50 pence a year, so that if circumstances change, the court can review
this order which remains on file.
non-molestation This order is to prohibit someone assaulting, harassing
or interfering with another person.
non-resident parent The CSA now uses this term instead of absent parent,
meaning the parent living away from the child.
occupation order An order which regulates occupation rights to the matrimonial
home. A spouse can be excluded from the home or from a certain part of it.
parental responsibility This means the rights and responsibilities that
mothers and married fathers have to their children. This continues during
and after the divorce process.
( Non-married fathers can acquire this through marriage to the child's mother,
through the courts or through a Parental Responsibility agreement, as can
guardians and others.)
parent with care A CSA term to denote the parent who has the child at home
and provides day to day care.
penal notice This is a court warning usually contained in a court order,
notifying the
recipient that a breach of the order will result in committal to prison.
pending suit This means while the divorce is in process and before the decree
absolute.
periodical payments Another term for maintenance.
petition This is the document requesting a divorce or a judicial separation.
petitioner The person who starts the divorce proceedings by filing the petition(leaving
the documents at court).
pleadings Documents or formal statements summarising the issues of the case.
prayer The part of the petition or answer which asks the court to make orders
in favour of the petitioner or respondent.
prohibited steps order This is a court order used to prohibit something
being done to a child, being taken out of the country for example.
property adjustment order An order that a spouse should transfer a property
to the other.
qualifying child A CSA term meaning a child under 17 or under 19 if in full-time
education.
recovered or preserved Money or property gained or retained during legal
proceedings.
relevant child A child of the marriage under 16 at the time of the decree
nisi or between 16 and 18 if in full-time education or training for a trade.
A disabled and dependant child of any age is considered.
reply A document filed by the petitioner in response to to an answer.
request for directions An application to the court for a decree nisi.
reserved costs This is when a decision about costs will be made later during
proceedings.
residence order A court order made to say with whom the child will live.
respondent The spouse who receives the petition for divorce or judicial
separation
sealing by the court The court stamps a document filed at the court office
or stamps an order or decree when issued.
secured provision When an asset which provides income is put under the jurisdiction
of trustees and used to provide maintenance.
separation agreement A document setting out the terms agreed usually before
divorce proceedings. A solicitor should be consulted before signing.
service The process by which court documents are formally sent to one spouse.
special procedure When a divorce is undefended, the decree can be issued
without either spouse having to appear at court.
specific issue order An order determining a specific issue relating to a
child, for example when parents cannot agree about schooling or medical treatment.
statement of arrangements The form sent to the court with the petition if
there are any children. It sets out proposed arrangements for the children.
If possible, this should be agreed between both parents and signed.
statutory charge If you are receiving public funding (legal aid), this is
the amount to be paid if the funding did not cover all your legal costs. Various
rules apply.
summons A court demand for a person to appear in court at a specified time.
undefended divorce Proceedings by agreement or when there is no answer.
without prejudice This is a way of preventing the court at the final hearing
from knowing about any negotiations which did not result in an agreement.
You may see this term at the start of a letter. Calderbank offers and their
responses ,however, may be disclosed to the court on the question of costs.