Jargon Buster Family Law Category - P-R

Pension Sharing/Splitting Order

An order giving one party a share of the other parties’ pension at the time a financial remedy order is made. 

Periodical Payments

Payments of maintenance for a child former spouse or former civil partner

Property Adjustment Order

A financial remedy order for the transfer of any form or property (e.g. house, car, land, etc) from one person’s name to another’s or an order which “settles” that property in a trust for someone’s (or some childs) benefit. 

Questionnaire

The document which the Court will want to see at a First Appointment which sets out what questions one party will want another party to answer. The questionnaire will enable you to ask before any final hearing questions about someone’s finances and to ask them to produce further disclosure over and above what is in the Form E. The court will expect at the First Appointment to see a draft of each parties questionnaire to ensure the questions asked are appropriate and complete; and then the Court will set a date by which the replies to the questions will be provided. The Court will want the questionnaire to be as complete and as effective as possible. 

Pre Nuptial and Post Nuptial Agreements

Agreements either before or after any marriage or civil partnership that sets out what the parties intend will happen to their finances and property in the event of a divorce.

Replies

These are the detailed replies to any questionnaire and may involve setting out narrative answers or production of documents to answer the other parties questionnaire. The answers or replies will need to be accurate and complete otherwise the Court will feel that the party providing the replies has not been full and frank in their disclosure. 

Paramountcy Principle

The court’s paramount consideration is the welfare of the child. In other words, what is in the best interests of the child? The court will consider each child’s circumstances separately. The court can make a section 8 order in respect of a child until they are 16 years old.

Residence Order

A residence order formally recognizes where and with whom a child ordinarily lives. When a residence order is made, the person to whom the order is granted also attains parental responsibility if they do not already hold it for the child (see Parental Responsibility below).

The court may make a ‘sole residence order’ to one person, or it can make a ‘shared residence order’, which recognizes that the child ordinarily lives with both of their parents. However when the court makes a shared residence order it does not necessarily mean that the time spent by the child with each of his parents will be equal.

Whoever has a residence order is able to make the day-to-day decisions that affect the child’s life. However when a residence order is in force the child’s name cannot change nor can the child be taken out of the country for more than 1 month without the agreement of everyone who has parental responsibility or a court order.

Prohibited Steps Order

This type of order is one which restricts the actions of a parent in respect of a child when the other parent does not consent to the course of action proposed. Prohibited Steps orders are often made in emergency situations or so as to ensure the status quo continues whilst the court makes a decision.

Parental Responsibility

Parental responsibility enables a parent to make decisions that affect the child’s welfare for example: in respect of education or medical treatment.
A mother has parental responsibility for her child automatically. If the child’s parents are married at the time the child is born, the Father also automatically acquires parental responsibility. If the child’s parents are unmarried when the child is born, the Father can attain parental responsibility by:
a)    having his name registered on the child’s birth certificate if the child was born after 1st December 2003;
b)    parental responsibility agreement between the parents registered at court;
c)    court order; or
d)    residence order.