An appeal against an order by a
District judge is heard by a Circuit judge.The Court of Appeal hears appeals against decisions by a Circuit
judge.Appeals against decisions of
the Court of Appeal go to the House of Lords.Permission to appeal is sometimes needed.
37, 52, 72-5, 91
Application
A written request to a court to make
an order.The court office has a form
for this, and there is a fee.
83, 97, 115-6, 119-131,162, 222
Arrears
The total value of forced payments,
ordered by a court in the past, that have not been paid.
Asset
Anything that has value, such
as:a house, pension, cash, car,
jewellery, furniture or shares.
A court order forcing an employer
to send a part of someone's earnings to someone
else (usually to his former wife).
Barrister
(or Counsel)
An expensive lawyer whom
solicitors sometimes get to represent a client in court.
44, 70, 73, 80,
102, 166, 197
Blackstone
Sir William Blackstone, the 18th
century English judge whose "Commentaries on
the Laws of England" is the most important statement of the rights and
freedoms of the English people, and their Constitution.
8, 167, 230
Brief
A document giving all the
information on a case.
CAFCASS
Officer
See "Welfare Officer".
30, 54- 56, 58, 63, 92, 140
Calderbank
Letter
A letter making a financial offer to
settle a divorce.(Only to be shown to
the judge after he has decided what the settlement should be.)The purpose of the letter is to show that
the other person has been unreasonable, in not accepting the offer, and
should pay costs.These are now seldom
used.
83
Capital
Gains Tax
A tax that is sometimes paid on the
profit made when a substantial asset is sold or transferred to someone else.
71, 149
Care and Attention
An item in a solicitor's bill for
work done, and time spent, on a case.
Care Order
A court order giving a local
authority responsibility for a child, and sometimes power to take the child
from his family.
Cash Equivalent Transfer Value (CETV)
The total cash value of all the
contributions that have been paid into someone's
pension fund, over the years.
Chambers
"In Chambers" is a secret
court.The Public and Press are kept
out to conceal what the court is doing.You should always ask for them to be admitted.
Charge on Property
The right to get some of the
money when property is sold.
76
Charging Order
A court order forcing the payment
of a debt against property.For
example, a house might have to be sold to pay off the mortgage.
Chattels
House contents and personal
effects (furniture, curtains, jewellery, clothes etc).
Child Assessment Order
A court order for the medical
assessment of a child.
Child Benefit
A State benefit paid to a person
who cares for a child, until the child is 16 (or 19 if in full-time
education).
27, 59, 78
Child Residence
Arrangements for a child to live
with a particular person after a divorce or separation.
Also called "Custody".
15, 27, 29, 33, 57,
72, 82, 146, 189
Child Support (or Child
Maintenance)
Regular forced payments by one
parent to the other for the needs of a child.This usually continues until the child finishes secondary education,
but can be extended to cover further education.
135, 172
Child Support Act 1991 (as amended)
The Act that transferred
responsibility for deciding financial support for children from the courts to
the Child Support Agency.
Child Support Agency
This government body calculates
and collects forced payments from men not living with their children.It issues leaflets explaining what it does
and is universally despised.
Children's
Guardian
A CAFCASS Officer, or "Welfare
Officer", appointed by a court to represent a child, usually against a
parent's wishes.
Chronology
A list, in date order, of the
main events in a marriage, leading to a divorce Petition,prepared for a court.
31
Class F
A procedure for forcing a wife's
demand to live in her husband's property, if it is not registered at the Land
Registry.
Clean Break
A divorce where neither the man,
nor the woman, will ever have to pay maintenance for the other.This should remove any future threat to
income, capital, property, pension and inheritance.
41, 84, 135
Commentaries
Sir William Blackstone, the 18th
century English judge, wrote the "Commentaries on the Laws of
England" which is the finest statement of the rights and freedoms of the
English people; and their Constitution.
8, 167
Common Law
The rights, freedoms, customs and principles of justice of the English
people, developed as rules of social conduct for more than a millennium,
establishing open courts using trial by jury.
8, 9, 10, 73, 86,
107, 108, 132,
138, 198, 203, 224
Common Law Marriage
A popular term for a couple living together but not married.It has no legal force in England.
Community Legal Service
A scheme provided by the Legal Services Commission to provide advice
and legal aidto some people for court
cases, such as divorce.
77
Conciliation
Agreement on finance, children or
anything else.
( Reconciliation
is deciding not to divorce, and continue with the marriage.)
29, 43
Contempt
of Court
The deliberate refusal to observe a
court decision, or expressing scorn for a judge.They can penalize
you for this.
91, 105
Consent Order
A court order made with the
agreement of both parties.
Contested Divorce
A divorce where the Respondent, who
has received a divorce Petition, has put in an "Answer" saying that
the grounds for divorce are false and he contests the divorce.
12, 13, 14, 24, 29
31, 38, 41, 44, 52
65, 80, 82, 175,
177, 196
Contact
Contact (or access) is the right
to visit a child who lives with someone else, or to
take the child out, or on holiday, or to have the child to stay temporarily.
57, 64, 146
Contact Order
A court order saying what contact
a particular person can have with a child.
Co-habitation
An man
and woman permanently living together without marrying.
Co-respondent
A person with whom a Respondent
is said to have committed adultery (had sex).
49, 174
Costs
Fees charged by solicitors (and
barristers).Men are often forced to
pay their wife's costs, even when she has Legal Aid.
15, 18, 21, 39, 41,
53, 67, 69, 70, 77,
79, 80, 82, 84, 92,
97, 100, 102, 104,106,
122, 129, 128, 204
Court of Appeal
See Appeal Court
Court Order
A document written by a judge
that is legally binding on someone.
27, 37, 56, 62, 83, 86, 97, 149,
213, 221
Counsel
A barrister who may represent a
client in court, or gives an expert opinion on something.