Family Law Dictionary

Legal Terms Used in Family Law

Marriage, Divorce, and Dissolution of Marriage

adultery
age of consent
alienation of affections
alleged
annulment
antenuptial contract
banns of matrimony (MAT·ri·mone·ee)
breach of promise to marry (PROM·iss)
civil union (SIV·el YOON·yun)
cohabit (koh·HAB·it)
common law marriage (KOM·on law MAHR·ej)
community property (kom·YOON·i·tee PROP·er·tee)
conjugal (KON·je·gel)
consortium (kon·SORE·shum)
copulate (KOP·yoo·late)
co-respondent (KOH-re·spond·ent)
covenant marriage (KOV·e·nent MAHR·ej)
crime of moral turpitude (MOR·el TER·pi·tood)
criminal conversation (KRIM·i·nel kon·ver·SAY·shun)
cruelty (KROO·el·tee)
desertion (des·ER·shun)
discretion (dis·KRE·shun)
dissolution of marriage (dis·o·LU·shun ov MAHR·ej)
divorce (de·VORSE)
divorce from bed and board
heart balm statutes (hart bahm STAT·shoots)
impotency (IM·pe·ten·see)
incompatibility (in·kom·pat·e·BIL·i·tee)
irreconcilable differences (ir·rek·en·SY·le·bel DIF·ren·sez)
irretrievable breakdown (ir·ree·TREE·ve·bel BRAKE·down)
limited divorce (LIM·i·ted de·VORSE)
loss of consortium (kon·SORE·shum)
marriage (MAHR·ej)
marriage banns (MAHR·ej)
no-fault divorce (de·VORSE)
premarital contract (pre·MAR·i·tel KON·trakt)
prenuptial contract (pre·NUP·shel KON·trakt)
proxy marriage (PROK·see MAHR·ej)
reconciliation
separation of spouses
solemnized

Divorce Procedure

alimony
appearance
bilateral foreign divorce
child support (su·PORT)
collusion (ke·LOO·shen)
comity (KOM·i·tee)
condonation (kon·do·NAY·shun)
connivance (ke·NY·vens)
custody of children (KUS·te·dee)
decree (de·KREE)
divided custody (de·VIE·ded KUS·te·dee)
domicile (DOM·i·sile)
emancipated (e·MAN·si·pay·ted)
equitable distribution laws (EK·wit·a·bel dis·tre·BYOO·shun)
ex parte foreign divorce (eks PAR·tay FOR·en de·VORSE)
foreign divorce (FOR·en de·VORSE)
foreign jurisdiction (FOR·en joo·res·DIK·shen)
forum (FOR·em)
full faith and credit clause (KRED·et)
interlocutory decree (in·ter·LOK·ye·tore·ee de·KREE)
joint custody (joynt KUS·te·dee)
judgment nisi (JUJ·ment NIE·sie)
libel (LIE·bel)
libelant (lie·bel·AHNT)
libelee (lie·bel·EE)
maintenance (MAIN·ten·ens)
pendente lite (pen·DEN·tay LIE·tay)
petition (pe·TI·shun)
petitioner (pe·TI·shun·er)
proceeding (pro·SEED·ing)
recrimination (re·krim·i·NAY·shun)
residence (RES·e·dens)
respondent (re·SPON·dent)
response
spousal support
temporary custody

Family Law Legal Terms and their Meanings

TOTAL FERTILITY RATE (Family Law Definition)
The sum of age-specific fertility rates (live births at each age of mother per female population of that age). It represents the number of children a female would bear during her lifetime if she experienced current age-specific fertility rates at each age of her reproductive life. Defined by the Australian Bureau of Statistics.
ABORTION (Family Law Definition)
removal of an embryo or fetus from its mother’s uterus before it is sufficiently developed to survive. The use of intentionally induced abortions is a common birth control or birth spacing method used around the world. Abortions are usually induced surgically or chemically.
ABSENT PARENT (Family Law Definition)
A parent not living in the same household as a qualifying child as defined by the Child Support Act 1991.
ACCESS (Family Law Definition)
This is the old term for Contact. See Contact.
ACKNOWLEDGEMENT OF SERVICE (Family Law Definition)
The document which is sent by the court to the Respondent at the same time as the divorce petition and which the Respondent is requested to complete and return to the court showing what, if any, issues are in dispute.
ADULTERY (Family Law Definition)
Sexual intercourse that takes place while a person is married, at any time before a Decree Absolute, with someone of the opposite sex who is not that persons husband or wife.
AFFIDAVIT (Family Law Definition)
A formal written statement which contains evidence given on oath or by affirmation. If the person making the affidavit wishes to refer to any document, a copy of such a document should be attached (‘exhibited’) to the affidavit.
AGE-SPECIFIC DIVORCE RATES, MARRIED MEN (Family Law Definition)
The number of divorces recorded in the calendar year, by age at decree made absolute, to the estimated resident population of the same age at 30 June.
AGE-SPECIFIC DIVORCE RATES, MARRIED WOMEN (Family Law Definition)
The number of divorces recorded in the calendar year, by age at decree made absolute, to the estimated resident population of the same age at 30 June.
ALTERNATIVE DISPUTE RESOLUTION (ADR) (Family Law Definition)
Refers to all forms of settlement other than a court based resolution; includes mediation, directive mediation, lawyers� negotiation, collaborative law and arbitration.
AMBILOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a newly married couple has the choice of living with or near the groom’s or the bride’s family.
ANCILLARY RELIEF (Family Law Definition)
A general term for the various financial orders that a court can make in divorce or judicial separation proceedings.
ANDROGYNOUS (Family Law Definition)
the characteristic of having a blend of both masculine and feminine personality characteristics but not strongly either one.
ANSWER (Family Law Definition)
A formal defence to a divorce petition.
ANTICIPATORY SORORATE (Family Law Definition)
a cultural pattern in which some sexual permissiveness is allowed between a man and his wife’s sister in anticipation of a future marriage between them. This is usually associated with sororal polygyny.
ARRANGED MARRIAGE (Family Law Definition)
a marriage partner selection process in which the future bride and groom usually do not participate actively in the decision. Marriages are commonly arranged by parents or their agents when the marriages are seen as principally uniting two families rather than just husband and wife. There is also often the rationalization that teenagers and young adults are too inexperienced to make a wise mate selection. The tradition of arranged marriages has been dramatically undermined whenever romantic love becomes a popular notion in a society.
AVUNCULOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a newly married couple moves in with or near the groom’s maternal uncle’s house. This is strongly associated with matrilineal descent and occurs when men obtain statuses, jobs, or prerogatives from their nearest elder matrilineal male relative.
BARRISTER (Family Law Definition)
A lawyer who has been called to the Bar and who is qualified to plead in the Higher courts.
BERDACHE (Family Law Definition)
see two-spirited.
BISEXUAL (Family Law Definition)
an individual who is sexually and/or emotionally attracted by members of the same and the opposite gender. See heterosexual and homosexual.
BLENDED FAMILY (Family Law Definition)
A couple family containing two or more children, of whom at least one is the natural child of both members of the couple, and at least one is the stepchild of either member of the couple. (see also Intact family, Step family)
BRIDE PRICE (Family Law Definition)
things of high value given by a groom to his bride’s father. It is a way of showing respect for the bride and her parents. At the same time, it is a compensation for the bride’s family for the loss of her economic services. It is also a way of validating the groom’s right to future offspring. Bride price is most common among polygynous, small-scale, patrilineal societies–especially in sub-Saharan Africa and among Native Americans. Bride price is also referred to as “bride wealth” and “progeny price.” See dowry.
BRIDE SERVICE (Family Law Definition)
work or services done by a groom for his wife’s family instead of paying a bride price. Bride service is usually for a set period of time, often years. It is a common practice in societies that have little material wealth and strong rules requiring sharing that prevent the accumulation of wealth. Bride price as also been called “progeny price.”
CALDERBANK LETTER (Family Law Definition)
A �without prejudice� letter making an offer of settlement prior to the case going to hearing. If the offer is rejected by the other party and the court awards the same or less then there is the risk of having to pay the other party�s costs from the date the offer was made as well as one�s own.
CASTE (Family Law Definition)
an individual’s rigidly ascribed, or inherited, status within society. In India there are 4 major castes originally based on vocation: the Brahmans (or Hindu priests), warriors, farmers, and shop keepers. The castes are all ranked relative to each other with the Brahmans being at the top. In addition, there are people in India who are outside of the caste system. These outcasts are at the bottom of society. One’s caste is extremely important in India. People are careful to marry within their own caste and to avoid physical contact with members of lower castes because of the danger of pollution.
CHARGE ON PROPERTY (Family Law Definition)
A charge on a property is like an additional mortgage. It gives the holder of the charge security as he/she is entitled to be paid out of the proceeds of the eventual sale of the charged property.
CHILD (Family Law Definition)
A person of any age who is a natural, step or foster son or daughter of a couple or lone parent, usually resident in the same household, and who does not have a child or partner of their own usually resident in the household.
CHILD ABDUCTION (Family Law Definition)
The illegal removal of a child from its home, in particular removal from one country to another. It may be illegal even if it is by the parent who lives with the child, if a person with the right to help make decisions about the child, such as the other parent, has not given their permission.
CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICES (CAFCASS) (Family Law Definition)
CAFCASS officers can provide dispute resolution between parents and are often used to provide the court with a report outlining the options available when considering any order affecting a child, such as residence or contact.
CIVIL PARTNERSHIP (Family Law Definition)
The Civil Partnership Act 2004 came into operation on 5 December 2005 and enables a same-sex couple to register as civil partners of each other. It provides civil partners with an equality of treatment with married couples in a wide range of legal matters.
CLEAN BREAK (Family Law Definition)
A one-off order that deals with all the financial issues between a husband and wife. There can be no subsequent claim for any other financial provision even if circumstances change.
CO-RESPONDENT (Family Law Definition)
When the respondent puts forward different reasons for the breakdown of the marriage from the petitioner�s, and seeks a divorce on those facts.
COHABITATION (Family Law Definition)
Living together when unmarried.
COHABITATION (ALSO CALLED ‘DE FACTO RELATIONSHIP’) (Family Law Definition)
A couple living together in a consensual union when not legally married to each other (that is, when not in a registered marriage). The trends outlined here are restricted to heterosexual relationships.
COLLABORATIVE LAW (Family Law Definition)
A new approach built on mutual problem-solving where both parties and their lawyers pledge to work together to negotiate an agreement without going to court.
CONSENT ORDER (Family Law Definition)
An order made by a court in the terms agreed by both husband and wife.
CONTACT (PREVIOUSLY KNOWN AS ACCESS) (Family Law Definition)
The arrangement for a child or children to visit or be visited by the parent who no longer lives with them. Contact can also refer to indirect contact such as phone calls and letters.
COUNSEL (Family Law Definition)
Another name for a Barrister.
COUPLE FAMILY (Family Law Definition)
A family based on two persons who are in a registered or de facto marriage and who are usually resident in the same household. A couple family without children may have other relatives, such as ancestors, present. A couple family with children may have adult children and/or other relatives present. (see also One-parent family)
COUPLE FAMILY WITH CHILDREN (Family Law Definition)
This is a couple family with children of any age present. It can be expanded to elaborate on the characteristics of those children, such as their number, age and dependency status. This family may or may not include other related individuals.
COUPLE FAMILY WITHOUT CHILDREN (Family Law Definition)
This is a couple family with no dependent or non-dependent children present in the family. This family may or may not include other related individuals.
COUPLE RELATIONSHIP (Family Law Definition)
A couple relationship is defined as two people usually residing in the same household who share a social, economic and emotional bond usually associated with marriage and who consider their relationship to be a marriage or marriage-like union. This relationship is identified by the presence of a registered marriage or de facto marriage.
CROSS COUSIN (Family Law Definition)
one’s father’s sister’s children or mother’s brother’s children. The gender of the children is not relevant in making this distinction. See parallel cousin. diagram of a patrilineal descent pattern with the cross and parallel cousins labeled
CROSS DRESSING (Family Law Definition)
see transvestite.
CROSS PETITION (Family Law Definition)
This is when the Respondent argues different grounds for the divorce from those of the Petitioner.
CRUDE DIVORCE RATE (Family Law Definition)
The number of decrees absolute granted during the calendar year per 1000 estimated resident population at 30 June.
CRUDE MARRIAGE RATE (Family Law Definition)
The number of of marriages registered during the calendar year per 1000 estimated resident population at 30 June.
CUSTODY (Family Law Definition)
The right formerly granted by a court for one parent (or both) to make major decisions for a child, such as education. Custody orders predate the Children Act and are no longer made.
DE FACTO MARRIAGE (Family Law Definition)
The relationship between two people who live together in a couple relationship who are not registered as married to each other. In practice, a de facto marriage exists between a couple of opposite sex when the two people are usual residents in the same household and their relationship is reported as: partner, de facto, common law husband/wife/spouse, lover, boyfriend, girlfriend or when their relationship is reported as husband, wife or spouse and the ‘Registered marital status’ of one or both partners…(more)
DECREE ABSOLUTE (Family Law Definition)
The order made by the court dissolving the marriage.
DECREE NISI (Family Law Definition)
A decree nisi is a decree granted by a court in the first instance for the dissolution of a registered marriage. It is an interim document issued prior to a decree absolute and refers to the legal condition: “not coming into effect unless a person or persons fail to show cause against it within a certain time”. Though legally persons are not divorced until the issuing of a decree absolute, persons granted a decree nisi are considered to be divorced for the purposes of the ‘Registered marital status’…(more)
DEPENDENT CHILD (Family Law Definition)
A dependent child is an individual who is either a child aged under 15 years or a child aged 15-24 years who is a full-time dependent student. To be regarded as a child the individual can not have a partner or a child of his or her own usually resident in the household.
DEPENDENT CHILDREN (Family Law Definition)
All family members under 15 years of age; family members aged 15- 19 years attending school or aged 15-24 yeas attending a tertiary educational institution full-time (except those classified as husbands, wives or lone parents). (see also Non-dependent children)
DEPENDENT STUDENT (Family Law Definition)
This refers to a natural, adopted, step, or foster child who is 15�24 years of age and who is a full-time student and who has no partner or child of his/her own usually resident in the same household.
DESCENT (Family Law Definition)
socially recognized links between ancestors and descendents, such as the bond between children and their parents.
DIRECTIONS FOR TRIAL (Family Law Definition)
The stage of divorce proceedings when the district judge considers the petition and affidavit in support, and requests further information if required, before giving his certificate for a decree nisi to be granted. Proceedings for ancillary relief (i.e. financial provisions) and applications in relation to the children also have a directions for trial stage, when the district judge considers what further evidence will be required and makes orders accordingly.
DISCLOSURE (Family Law Definition)
The process of providing full and frank financial details about a person�s capital, income, assets and liabilities. This is either done voluntarily, or pursuant to a court order.
DISTRICT JUDGE (Family Law Definition)
A County Court judge responsible for dealing with most aspects of divorce including the financial matters.
DIVORCED (Family Law Definition)
A person who has formally ended his or her registered marriage by legal means and who has not remarried. Persons who have obtained a decree nisi are considered to be divorced.
DOWRY (Family Law Definition)
money, property, or other things of high value given by a bride’s family to the groom, ostensibly to establish a new household. It is her share of the family inheritance. A dowry is, in a sense, the reverse of a bride price.
ENDOGAMY (Family Law Definition)
a marriage partner selection rule requiring that marriage be to someone within a defined social group such as an extended family, religious community, economic class, ethnic or age group. Selection is always further restricted by exogamy rules.
EQUITY (Family Law Definition)
The net value of a property after all mortgages or other charges are paid off.
ETHNOCENTRISM (Family Law Definition)
the feeling or belief that one’s own cultural patterns are superior to all others. This results in the interpretation of other people in terms of one’s own cultural values and traditions. An example is people from monogamous societies condemning polygamy as being “unnatural” and immoral. Ethnocentrism is universal and normal but not necessarily morally defensible or desirable because it prevents understanding other cultures. It also interferes with meaningful intercultural communication.
EXOGAMY (Family Law Definition)
a marriage partner selection rule requiring that marriage be with someone outside of a defined social group such as one’s nuclear family. Selection is usually further restricted by endogamy rules.
EXTENDED FAMILY (Family Law Definition)
two or more nuclear families tied together by bonds of descent. Usually an extended family contains living relatives from three or more generations.
FAMILY (Family Law Definition)
Two or more persons, one of whom is aged 15 years and over, who are related by blood, marriage (registered or de facto), adoption, step or fostering; and who are usually resident in the same household. (see also Household)
FAMILY HEARING CENTRE (Family Law Definition)
A County Court with the power to deal with the administrative processes of divorce proceedings and any contested applications under the Children Act.
FICTIVE KINSHIP (Family Law Definition)
a socially recognized link between individuals created as an expedient for dealing with special circumstances, such as the bond between a godmother and her godchild. fictive kinship bonds are based on friendship and other personal relationships rather than marriage and descent.
FORM E (Family Law Definition)
A sworn financial statement which contains details about your capital, income, assets and liabilities. They can either be exchanged voluntarily or as part of Ancillary Relief proceedings.
FORMAL CARE (Family Law Definition)
Regulated care away from the child’s home. The main types of formal care include before and/or after school care, long day care, family day care, occasional care and preschool.
GENDER (Family Law Definition)
sexual identity as male or female.
GROUP HOUSEHOLD (Family Law Definition)
A household consisting of two or more unrelated people where all persons are aged 15 years or over. There are no reported couple relationships, parent-child relationships or other blood relationships in these households.
HEARING IN CHAMBERS (Family Law Definition)
This term is when the District Judge or Judge considers an application in private. This is less formal than open court.
HETEROSEXUAL (Family Law Definition)
an individual who is sexually and/or emotionally attracted by members of the opposite gender from himself or herself. Heterosexuality generally refers to sexual interaction between members of the opposite gender. See bisexual and homosexual.
HOMOSEXUAL (Family Law Definition)
an individual who is sexually and/or emotionally attracted by members of his or her own gender. Homosexuality generally refers to sexual interaction between members of the same gender. In North America, female homosexuals are often referred to as “lesbians” while males are known as “gays.” See bisexual and heterosexual.
HOUSEHOLD (Family Law Definition)
A group of two or more related or unrelated people who usually reside in the same dwelling and who make common provision for food or other essentials for living; or a person living in a dwelling who makes provision for his or her own food and other essentials for living without combining with any other person. Thus a household may consist of: One person; One family; One family and unrelated individual(s); Related families with or without unrelated individual(s); Unrelated families…(more)
HUNTERS AND GATHERERS (Family Law Definition)
people who live in more or less isolated, small-scale societies and obtain their food by foraging wild plants and hunting wild animals. Hunters and gatherers are also referred to as “foragers.”
INCEST TABOOS (Family Law Definition)
rules prohibiting sexual intercourse with close relatives. The prohibition includes at least members of one’s nuclear family and may extend to more distant relatives in some cultures.
INFANTICIDE (Family Law Definition)
the killing of children. Extreme threat of starvation has at times forced some societies, such as the Inuit of the North American Arctic, to kill family members. When this occurred, the decision was usually to eliminate the youngest daughter because she was the least likely to add to the family’s food supply. Though illegal, female infanticide does occur occasionally in India and mainland China where there is a high value placed on having sons.
INFORMAL CARE (Family Law Definition)
Non-regulated care, arranged by a child’s parent/guardian, either in the child’s home or elsewhere. It comprises care by brothers or sisters (including step siblings), care by grandparents, care by other relatives (including a parent living elsewhere), care by other people such as friends, neighbours, nannies or babysitters.
INJUNCTION (Family Law Definition)
Order by the court telling someone what he or she must do or must refrain from doing; the penalty for disobedience can be imprisonment.
INTACT FAMILY (Family Law Definition)
A couple family containing at least one child who is the natural or foster child of both members of the couple, and no child who is the stepchild of either member of the couple. (see also Blended family, Step family)
JOINT FAMILY (Family Law Definition)
two or more relatives of the same generation living together with their respective spouses and children. Joint families typically consist of 1-2 generations. See extended family.
JOINT TENANCY (Family Law Definition)
A form of shared ownership of a home or other property. Where two or more people own a property as joint tenants and one owner dies survivor(s) automatically take ownership of the deceased�s share.
JUDICIAL SEPARATION (Family Law Definition)
An order made by a divorce county court which stops the partners of a marriage having to live together in the same way as a divorce. It is quite rare to get a judicial separation, but can be used by couples who have a moral or religious objection to divorce. The order does not end the marriage so neither partner is free to marry again (or enter into a civil partnership).
KINSHIP (Family Law Definition)
culturally defined relationships between individuals who are commonly thought of as having family ties. Kinship is based on marriage, descent, and, occasionally, fictive relationships as well.
KORAN (Family Law Definition)
the sacred book of Islam.
LARGE-SCALE SOCIETY (Family Law Definition)
generally a society with cities, industry, intensive agriculture, and a complex international economy. Such societies have socio-economic classes and a government with hierarchies of officials. The importance of kinship is diminished in comparison to small-scale societies.
LESBIAN (Family Law Definition)
a woman who is sexually attracted to other women–a female homosexual.
LEVIRATE (Family Law Definition)
a rule specifying that a widow should marry the brother of her deceased husband. This keeps the dead man’s wealth and children within his family. It also continues the bond between the husband’s and wife’s families. This rule is most common in societies that have patrilineal descent and polygyny.
LONE PERSON (Family Law Definition)
A person who makes provision for his or her food and other essentials for living, without combining with any other person to form part of a multi-person household. He or she may live in a dwelling on their own or share a dwelling with another individual or family.Marriage Age-specific first marriage rates For men (or women), the age-specific first marriages rates are obtained by dividing the number of first marriages of men (or women) of a given age by the number of never married men (or women)…(more)
LUMP SUM (Family Law Definition)
A payment of a capital amount of money, usually as part of a financial settlement.
MACHISMO (Family Law Definition)
the Spanish and Latin American ideal of men being confident, strong, dignified, brave, overtly masculine, and sexually active. This ideal of a macho pronounce the word, or “real man”, was brought to the New World from Spain and Portugal. Its ultimate origin is probably to be found in the Islamic cultural traditions of North Africa that heavily influenced the culture of the Spanish Peninsula until the end of the 1400’s A.D. See marianismo.
MAINTENANCE (Family Law Definition)
Money one spouse pays on a regular basis to the other for ongoing financial support (either just for the spouse or for the benefit of the children of the family).
MAINTENANCE PENDING SUIT (Family Law Definition)
If the divorce may take some time to resolve, temporary maintenance can be requested pending the outcome of the divorce proceedings.
MARIANISMO (Family Law Definition)
the Spanish and Latin American ideal of women being modest, restrained, virtuous, and nurturing. Women are expected to be sexually abstinent before marriage and passive in response to their husbands’ demands after marriage. Women are expected to have sexual intercourse only with their husbands. “Marianismo” comes from the Virgin Mary, whose life women are encouraged to emulate as a model of “proper” femininity. See machismo.
MARRIAGE (Family Law Definition)
the socially recognized union of two or more people. It is a universal method of regulating heterosexual intercourse by defining who is acceptable as a sexual partner and who is not. Marriage establishes social relationships that are the foundation for families and households.
MARRIED (Family Law Definition)
‘Married’ has a different meaning depending on whether it refers to the concept of ‘Social marital status’ or the concept of ‘Registered marital status’. According to the concept of ‘Social marital status’, the term married refers to the status of a person who is living with another person in either a registered marriage or a de facto marriage. According to the concept of ‘Registered martial status’ the term ‘married’ refers to the status of a person in a legally registered marriage, provided the…(more)
MATRICENTRIC FAMILY (Family Law Definition)
a nuclear family in which there is no continuing adult male functioning as a husband and father. This man is missing usually due to death, divorce, abandonment, or no marriage having taken place. In such families, the mother raises her children more or less alone and subsequently has the major role in their socialization. The children of teenage or young adult daughters may also be included in the family household. Matricentric families are also referred to as being “matrifocused” .
MATRILINEAL DESCENT (Family Law Definition)
unilineal descent that follows the female line. With this pattern, people are related if they can trace descent through females to the same female ancestor. Both males and females inherit membership in a matrilineal family line, but only females pass it on to their descendents (as shown in the diagram below). matrilineal descent diagram
MATRILOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a newly married couple moves in with or near the bride’s mother’s house. This keeps women near their female relatives, while men must leave their natal households. Matrilocal residence is strongly associated with matrilineal descent.
MATRIMONIAL HOME (Family Law Definition)
The property where a married couple lives or last lived together as Husband and Wife.
MEDIAN VALUE (Family Law Definition)
refers to the middle value in a distribution such as age and duration which separate a relevant population or sample into two equal groups, with one above the value and the other below the value.
MEDIATION (Family Law Definition)
A process in which an impartial third person assists those involved in a family breakdown to reach their own agreed and informed decisions about some or all of the issues relating to or arising from the separation, divorce, children, finance or property.
MINUTES OF ORDER (Family Law Definition)
Draft terms of agreement placed before the court with a request that a consent order be made in the same terms.
MONOGAMY (Family Law Definition)
marriage of one woman to one man at a time. This is the most common marriage pattern around the world today. If remarriage is allowed following divorce or death of a spouse, the marriage pattern could be defined as being “serial monogamy.”
NATOLOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a bride and groom remain in their own separate family’s households or compounds after their marriage rather than occupy a residence together. The children born of this union usually stay in their mother’s home, which becomes a de facto matricentric residence.
NEOLOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a married couple establishes a new residence independent of both their relatives. This pattern is now common in North America and other industrialized nations in which the importance of kinship is minimized.
NEVER MARRIED (Family Law Definition)
A person who has never been a partner in a registered marriage.
NON-DEPENDENT CHILD (Family Law Definition)
This refers to a natural, step, adopted or foster child of a couple or lone parent usually resident in the household, aged over 15 years and who is not a full-time student aged 15�24 years, and who has no partner or child of his/her own usually resident in the household.
NON-DEPENDENT CHILDREN (Family Law Definition)
In couple or one-parent families, sons or daughters who are aged over 15 years and who are not full-time students aged 15-24 years (except those classified as husbands, wives or lone parents). (see also Dependent children)
NON-MOLESTATION ORDER (Family Law Definition)
An order to prohibit one person using or threatening violence, intimidating, harassing or pestering another.
NUCLEAR FAMILY (Family Law Definition)
a family generally consisting of a man, woman, and their children. We are born into our “nuclear family of orientation” and we have children in our “nuclear family of procreation.” Parents may think of themselves as being members of both of these families at the same time. See extended family and matricentric family.
OCCUPATION ORDER (Family Law Definition)
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.
ONE PARENT FAMILY (Family Law Definition)
A family consisting of a lone parent with at least one dependent or non-dependent child (regardless of age) who is also usually resident in the family. It can be expanded to elaborate on the characteristics of those children, such as the type of dependent children present, or the presence of non-dependent children. Examples of one parent families include: a 25-year-old parent with dependent children; and an 80-year-old parent living with a 50-year-old child.
ONE-PARENT FAMILY (Family Law Definition)
A family consisting of a lone parent with at least one dependent or non-dependent child (regardless of age) who is also usually resident in the household. The family may also include any number of other dependent children, non-dependent children and other related individuals. (see also Couple family)
OTHER FAMILY (Family Law Definition)
A family of related individuals residing in the same household. These individuals do not form a couple or parent-child relationship with any other person in the household and are not attached to a couple or one-parent family in the household. For example, a household consisting of a brother and sister only.
PARALLEL COUSIN (Family Law Definition)
one’s father’s brother’s children or mother’s sister’s children. The gender of the children is not relevant in making this distinction. With matrilineal or patrilineal descent, parallel cousins are members of the same lineage. See cross cousin. diagram of a patrilineal descent pattern with parallel and cross cousins highlighted
PARENT WITH CARE (Family Law Definition)
A term in the Child Support Act 1991 to mean the parent with whom the child has his or her home and who usually provides day to day care for that child.
PARENTAL RESPONSIBILITY (Family Law Definition)
The rights and responsibilities that mothers and married fathers automatically have to their children. Non-married fathers can acquire Parental Responsibility through marriage to the child’s mother, by entering into a Parental Responsibility agreement with the child�s mother, by being named as the father on the child’s birth certificate (where the birth occurs after 1st December 2003) or by applying to the court for a Parental Responsibility Order.
PARTNER (Family Law Definition)
A person in a couple relationship with another person usually resident in the same household. The couple relationship may be either a registered or de facto marriage and includes same -sex couples.
PATRILINEAL DESCENT (Family Law Definition)
unilineal descent that follows the male line. With this pattern, people are related if they can trace descent through males to the same male ancestor. Both males and females inherit a patrilineal family membership but only males can pass it on to their descendents. Also known as “agnatic descent.” patrilineal descent diagram
PATRILOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a newly married couple moves in with or near the groom’s father’s house. This keeps men near their male relatives, while women must leave their natal households. Patrilocal residence is strongly associated with patrilineal descent. Just over half of the world’s societies have patrilocal residence.
PENSION SHARING (Family Law Definition)
The division of a pension fund between two spouses as part of a financial settlement.
PERIODICAL PAYMENTS (Family Law Definition)
Another term for maintenance which can be paid weekly, monthly or annually.
PETITION (Family Law Definition)
The document requesting a divorce or a judicial separation.
PETITIONER (Family Law Definition)
The person who initiates the divorce proceedings by filing a divorce petition at court.
POLYANDRY (Family Law Definition)
the marriage of one woman to several men at the same time. This is a rare type of polygamy. It usually takes the form of “fraternal polyandry”, which is brothers sharing the same wife.
POLYGAMY (Family Law Definition)
the generic term for marriage to more than one spouse at the same time. It occurs as polygyny or, more rarely, polyandry.
POLYGYNY (Family Law Definition)
the marriage of one man to several women at the same time. This is the most common form of polygamy. It often takes the form of “sororal polygyny”, which is two or more sisters married to the same man.
POST PARTUM SEX TABOO (Family Law Definition)
a prohibition against a husband and wife having sexual intercourse for a specified period of time following the birth of a child.
PRAYER (Family Law Definition)
The part of the Petition, or Answer, which asks the court to make orders in favour of the Petitioner or Respondent, as the case may be.
PREMARITAL AGREEMENT (Family Law Definition)
A Premarital Agreement (also referred to as a Prenuptial Agreement) is a formal written agreement entered into by a couple before marriage. Its purpose is to record the parties’ intentions as to the division of assets in the event that the marriage breaks down. The courts are not obliged to enforce such agreements although they now seem to be moving towards acceptance of them.
PROGENY PRICE (Family Law Definition)
see bride price.
PROHIBITED STEPS ORDER (Family Law Definition)
A court order used to restrict a person�s exercise of parental responsibility, for example removing a child out of the country without permission.
PROPERTY ADJUSTMENT ORDER (Family Law Definition)
An order that one spouse should transfer property to the other (e.g. the matrimonial home or other assets).
REGISTERED MARITAL STATUS (Family Law Definition)
An individual’s current status in regard to a registered marriage, i.e. whether he or she is widowed, divorced, separated, married or never married. The partners in a registered marriage must be of the opposite sex as under Australian law same-sex relationships can not be registered.
REGISTERED MARRIED (Family Law Definition)
A legally registered married person not separated from his/her spouse, even if the spouse is not a usual resident of the same household.
RELEVANT CHILD (Family Law Definition)
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, profession or vocation. (A disabled and dependant child can be of any age).
RESERVED COSTS (Family Law Definition)
When a decision on an amount of costs to be awarded is deferred until a later hearing
RESIDENCE ORDER (Family Law Definition)
An order under the Children Act which settles the arrangements about with whom a child will live; residence orders can be split between parents (or others) or shared, e.g. in favour of a parent and step parent.
RESPONDENT (Family Law Definition)
The spouse who receives (and is to respond to) the petition for divorce or judicial separation. This term is also used to refer to a parent responding to an Application under the Children Act.
SAME-SEX COUPLE (Family Law Definition)
Two persons of the same sex who form a couple relationship and are usually resident in the same household.
SEPARATED (Family Law Definition)
A person who is a partner in a registered marriage, but has parted from his or her spouse, and has not yet divorced.
SEPARATION AGREEMENT (Family Law Definition)
A written agreement between a couple who intend to stop living together. It sets out how they wish to sort our financial arrangements, property and arrangements for the children.
SERVICE (Family Law Definition)
The process by which court documents are formally sent to the parties concerned.
SEVERING THE JOINT TENANCY (Family Law Definition)
This is where a property has been held as joint tenants but due to a change in circumstances, for example separation, one or both of the parties now wish to hold the property as tenants in common.
SMALL-SCALE SOCIETY (Family Law Definition)
generally a society of a few dozen to several thousand people who live by foraging wild foods, herding domesticated animals, or non-intensive horticulture on the village level. Such societies lack cities as well as complex economies and governments. Kinship relationships are usually highly important in comparison to large-scale societies.
SODOMY (Family Law Definition)
anal or oral copulation with another person or animal. Many societies criminalize sodomy as a “crime against nature.” In modern industrial nations, homosexuals are the usual target in law enforcement for anti-sodomy laws.
SORORATE (Family Law Definition)
a rule specifying that a widower should marry the sister of his deceased wife. This is usually favored by their respective parents because it continues the bond between their families. Where polygyny exists, an “anticipatory sororate” is often practiced. That is to say, there is a degree of sexual permissiveness allowed between a husband and his wife’s younger sister in anticipation of a presumed future marriage between them.
SPECIAL PROCEDURE (Family Law Definition)
When a divorce is undefended, the decree can be issued without either spouse having to appear at court.
SPECIFIC ISSUE ORDER (Family Law Definition)
An order to resolve a particular issue in dispute relating to a child, for example when parents cannot agree about schooling or medical treatment.
SPOUSE (Family Law Definition)
The person to whom you are married.
STATEMENT OF ARRANGEMENTS FOR CHILDREN (Family Law Definition)
Form to be filed with the divorce petition if there are any children. It sets out the proposed arrangements for the children. If possible, the terms should be agreed by the parents and the form signed by them both.
STEP FAMILY (Family Law Definition)
A couple family containing one or more children, at least one of whom is the stepchild of either member of the couple and none of whom is the natural or foster child of both members of the couple. (see also Blended family, Intact family)
SUB-SAHARAN AFRICA (Family Law Definition)
the region of Africa south of the Sahara desert.
TENANCY IN COMMON (Family Law Definition)
This is the opposite of joint tenancy in that the tenants in common each have a definite share in the property. The parties could own the property in equal shares, or, for example, one party could own one third with the other owning two thirds. This is the most appropriate arrangement where people want to own property on separate pre-determined shares (for example, the parties have made different financial contributions.

Under this form of ownership when one of the owners dies, his/her share…(more)
TRANSVESTITE (Family Law Definition)
a person who wears the clothes and bodily adornment normally associated with the other gender. Transvestitism, or cross dressing, is not necessarily connected with homosexuality.
TWO-SPIRITED (Family Law Definition)
a term used to refer to North American Indian homosexual men of the Great Plains and elsewhere in the West. In the past, two-spirited men led their lives as transvestites and were given respected social statuses within their societies. Formerly, they were known by the somewhat derogatory French term “berdache”, which in turn came from an Arabic word meaning a slave. Today, some homosexual Native American women also refer to themselves as being two-spirited.
UNDEFENDED DIVORCE (Family Law Definition)
The dissolution of the marriage either by agreement or where there is not defence to the Petition.
UXORILOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a man moves into his wife’s home. If it is with her mother instead, the residence pattern is called matrilocal.
VIRILOCAL RESIDENCE (Family Law Definition)
the residence pattern in which a woman moves into her husband’s home. If it is with his father instead, the residence pattern is called patrilocal.
WIDOWED (Family Law Definition)
A person whose spouse in a registered marriage has died and who has not remarried.
WITHOUT PREJUDICE (Family Law Definition)
A phrase used to prevent communications in any negotiations being made known to the court. However, if those negotiations fail to produce agreement Without Prejudice letters, Calderbank offers and the responses to them can subsequently be disclosed to the court in evidence over claims for costs.