Divorce Guide

Legal jargons explained

Planning of a divorce? Well, if the mental chaos, physical exertion and being emotionally weighed down was not enough, there you have a barrage of legal terms and jargons approaching as soon as you start bringing your plan to action. No sooner that you go to any legal help or attorney you will face a number of terms which will seem to you alien or incomprehensible. Though some terms are self explanatory, others do have an esoteric air around them!

Let us try to see and know some of the legal jargon which will be oft used when you decide to file a divorce lawsuit in a court of law. Knowing them can be of great advantage as not all legal attorneys have patience enough to explain you of what they are doing at each step and it can be frustrating at times when you don’t understand what exactly the paper on which you are signing is! Here is the explanation of some of the legal jargons often associated with a divorce case.

1. Affidavit: A formal written statement sworn on oath to be true by the person making it, usually in support of an application to the court. It is usually made in the presence of a legal magistrate and is acceptable in the court of law.
2. Ancillary relief: A legal term for a financial order a court makes as an interim relief.
3. Clean break: A financial arrangement of all the property where it is agreed or ordered that the couple will make no further claims against each other for capital or maintenance.
4. Consent order: An order made by court giving effects to the terms agreed between husband and wife showing court consent to the agreement.
5. Decree nisi: It is a Latin phrase which signifies a provisional order indicating that the court is satisfied of the grounds for divorce and that they have been legally established.
6. Decree absolute: The final order of the court which brings a marriage to an end.
7. Duxbury calculation: A formula for calculating the appropriate lump sum after a clean break up based on the amount of maintenance payable and life expectancy of the recipient, etc.
8. First appointment: The first court appointment in financial cases, when a judge considers what information is needed from each party in order to progress the case.
9. Injunction: An order of court preventing or requiring action, usually in an emergency.
10. Judicial separation: Formal separation sanctioned by the court, which enables the courts to make orders about money and property.
11. Mediation: A legally sanctioned process through which trained independent mediators try to help a couple reach agreements to be made for children, money, property, etc.
12. Petition: The legal document in which a divorce or judicial separation is applied for.

These are few of the legal terms which you may know before going to the court. A help from a trustworthy and qualified attorney can be of immense help.

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