Glossary of Legal Terms

Adoption: an act by which the rights and duties of the biological parents are extinguished and equivalent rights and duties become vested in the adopter(s).

Affidavit: a written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it.

Ancillary Relief: additional claims concerning finances or children attached to the divorce/judicial separation/nullity petition.

Bankruptcy: is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors.

Business lease: A lease of personal property to (1) an individual to be used primarily for business, commercial, or agricultural purposes or (2) an organization.

Business Renewals: continuation in force and effect of a previously existing arrangement for a new period on the same or different terms.

Care Order: is an order that places a child in the care of their local authority (council).

Cohabitation Agreement: is a legal agreement reached between a couple who have chosen to live together (whether they are heterosexual or of the same sex), governing the couples' finances and the care of any children during the cohabitation and following the termination of the relationship.

Compensation: something such as money, given or received as payment or reparation for a service or loss.

Completion: the day upon which the remaining sale monies for a property becomes due in exchange for the transfer of the legal title to the property (i.e. moving in day).

Consumer: a person who uses goods or services.

Council Tenancy: is a written agreement between you and your council dictating the terms of your occupancy of the property you are renting.

Child maintenance: is a legal obligation for a periodic payment made directly or indirectly by a non-resident parent to a resident parent, caregiver or guardian, or the government, for the care and support of children of a relationship that has been terminated.

Decree: an Order of the Court in proceedings commenced by petitioner.

Decree Absolute: a final certificate resulting from an application, dissolving a marriage.

Decree Nisi: an Order for divorce unless cause to the contrary is show within a set period.

Divorce: The legal dissolution of a marriage.

Estate Executor: is a person appointed by someone making their Will to administer their estate upon their death and in accordance with the terms of their Will.

Estate Administrator: is a person appointed by the Court to administer a person's estate upon death where that person has not made a valid Will.

Emergency Protection Proceedings: a legal procedure whereby a child is removed from its' parents care by either the Police or the Local Authority on the basis that not to do so would place the child at risk of suffering significant harm.

Guardianship: is where someone is legally appointed to manage the affairs of another person, such as a child or a person who is mentally ill.

Housing Association Tenancy: is a written agreement between you and a housing association dictating the terms of your occupancy of the property you are renting. Housing Associations provide homes for people on low incomes.

Intestacy: the condition of having died without a valid will.

(Grant of) Letters of Administration: is obtained where a person has died without leaving a Will and Letters of Administration is the authority given by the Probate Court to the person(s) nominated by law to administer or gather in the deceased's estate.

Grant of Probate: is the authority given by the Probate Court to executors named in a Will.

Loss of Earnings: applies where you are injured as a cause of an accident that was not your fault and as a result, you are not able to work, either temporarily or permanently.

Parental Responsibility: the rights, duties, powers, authority and obligations a parent has for their child.

Partnership Disputes: disagreements concerning the running of a business partnership.

Possession Proceedings: are proceedings brought in a court of law due to a dispute over possession of a physical asset such as a house where a mortgage lender wishes to take possession of the property owing to mortgage payment. arrears.

Pre-Nuptial Agreement: a written contract between two people who are about to marry, governing finances and the care of any children during the marriage and potential division if the marriage is later dissolved.

Pro bono: work done free of charge in the interest of a good cause.

Title: A collection of rights of ownership that are defined or recognized by law that could be successfully defended in a court.

Will: A legal declaration of how a person wishes his or her possessions to be disposed of after death.