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Family Law Glossary

Advocacy

Advocacy is the act of the solicitor (or more typically, a barrister) putting their client's case to the court. This may happen if a case cannot be resolved via negotiation between the clients’ solicitors (e.g. a divorcing couple cannot come to an agreement on how their finances should be divided), and so the case may then have to go to court in order for a judge to enforce a solution.
Annulment

The formal declaration that a marriage is void and that it has never taken place in the eyes of the law. Sometimes called 'nullity'.
Barrister

A lawyer who specialises in representing people or organisations in court. They can also provide specialist legal advice.
CMS

The Child Maintenance Service (CMS). The CMS is the body that governs the payment and receipt of child maintenance payments for separated and divorced parents.
Child Arrangements Order

A child arrangements order is a court order that defines who is responsible for the care of a child, including who they live with and how often the child will have contact the parents. This type of order can be necessary if the parents cannot agree on how to share the care of their child/ren
Cohabitation

The act of living together, typically as a unmarried couple. Unmarried couples cohabiting do not normally have the same rights as married couples.
Financial Settlement

An agreement setting out how spouses will divide their assets when they divorce.
Leave To Remove

Consent from the court to take a child out of the country. You will require leave to remove if the other parent does not give you permission to take your child overseas.
Legal Aid

Legal Aid is available in family law cases for individuals who meet certain criteria. That criteria includes: there is evidence from a professional that there is domestic abuse of a partner or child; Social Services have issued court proceedings against a parent; an application for a non-molestation order has been made (e.g. due to domestic violence).
Litigation

The process of taking legal action through the court apposed to negotiating a resolution between the parties directly or between their solicitors.
Nullity

The formal declaration that a marriage is void and that it has never taken place in the eyes of the law.
Prohibited Steps Order

A prohibited steps order is a court order usually applies to a parent and prevents them from conducting certain activities with their child/ren who are under 16 years old (such as preventing the parent from removing the child from school, or them taking the child abroad, or changing their surname). It also prevents the parent from exercising their parental responsibility.

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