SIMILAR TERMS GLOSSARY


absolute impediments to a marriageantonym 
accessA general term used to describe the extent and limitation that a non-custodial party may have to the child.
accesssynonym A husband is said to have access to his wife when he has the opportunity to make love to her
adequate housing conditions
adjudication of separate propertyThe decision of the court regarding property held by one of the spouses in the separate property of that party or community property of both.
adopted childA child whose biological parents gave up their parental rights and the adoptive parents took their position.
adoptionA social and legal protective measure for children, where the legal relationship between the child and the natural parents are terminated and transferred to the adoptive parent by
adoption of a child
Adoption OrderA court-issued document specifying the personal details of the adopted child, the names of the adoptive parents and those of the natural parents, if applicable, as well as any other data.
adoptive parentsA mother and a father who adopt a child and brings it up as their own
adoptive relationIn certain jurisdictions, the adopting parent may not legally marry an adopted child, the rationale behind which is there are existing ties between the two person which are very different in nature.
age of consentThe consent of the parents is required for the marriage of minors above a certain age. Parental consent may be dispensed with if the consent of the Guardianship Authority is obtained
alimonysynonym A popular term to indicate payment by one spouse to the other ordered by the court when the marriage is dissolved.
alimony award
allocation of household choresRegulating everyday duties of the parties to avoid future conflicts during everyday life.
allowanceAn amount paid on a regular basis by one divorcing spouse to the other.
alternating custodyAn arrangement whereby the child lives for an period with one parent, and then for a period with the other parent.
annulment
annulment of marriageThe legal process of declaring the marriage null “ab initio”, which means that a marriage is considered invalid retrospectively, as if it had never taken place.
appropriate housing conditions
appropriate standard of living
attorney’s fees clauseThe parties agree to bear their individual attorney's fees
bigamyEntring into a marriage with one person while still legally married to another, provided that it is prohibited by the state.
biological parentsynonym 
birth parentantonym synonym Natural parent as opposed to an adoptive parent.
blood relationship
blood relationshipThe relationship between people who are related by birth rather than by marriage.
blood relative
brideantonym A woman on her wedding day or just before and after the event.
brotherA man or boy in relation to other sons and daughters of his parents.
Certificate of BirthA vital record that documents the birth of a child issued by authorized public officials based on the verification of a doctor or midwife.
Certificate of MarriageThe record prepared by a public official that a man and a woman have undertaken a marriage ceremony.
childThe son or daughter of a person, including natural and adopted child. Every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.
child abductionThe taking of a child contrary to a court order or without the permission of the parent who has legal custody of the child
child abuseAny action or series of actions that results in harm, potential for harm, or threat of harm to a child. It includes physical harm, sexual molestation or exploitation, or emotional or psychological harm.
child born in marriage
child care
child custodyA legal term which describes the relationship between a parent and his or her child. It includes the right of the parent to make decisions for the child and his/her duty to care for the child.
child labour
child supportA sum of money ordered by the court upon the dissolution or separation proceeding payable by the non-custodial to the custodial parent to underage children.
child traffic
children to be bornDefined as girls and boys under the age of eighteen years.
children’s religionExpress provisions as to their intent regarding the religion of their children to be born during the marriage.
civil unionA legally recognized form of cohabitation of persons of the same sex with some form of government sanction attached.
cohabitationAn informal arrangement by persons of the opposite sex living together without the benefit of marriage.
cohabitation agreementA contract between two unmarried persons which can dispose of some or all of their rights, responsibilities and obligations which arise during their relationship.
comingling property
commingling of funds
community propertyProperty owned jointly by two persons, usually husband and wife.
conditional impediments to a marriage
conjugal rights
consanguinityMarriages between blood relatives in any relationship closer than second cousins are null and void because such relations are incestuous.
consummation of marriage
contactA term used to indicate the rights and limitations of a non-custodial parent can have with his/her children.
contact
contact orderA court order allowing a parent to see a child who is being cared for by someone else such as the other parent following a divorce.
Court Order Restraining Contact
cultural and social programme
Custodial and Visitation Order
custodial order
custodial parent
custodian
custody and visitation orderAn order of the court regarding the legal custody of one or both parents of their minor children and the visitation rights of the non-custodial parent.
custody of childrenThe parties may agree to the custody of children in case of dissolution. It usually means physical custody.
death of a spouseThe death of either spouse will terminate the marriage. A death certificate or other official document may serve as evidence if the spouse of the deceased person should later remarry. The presumption of death may later be rebutted but the previous marriage will be deemed to have been terminated.
debts of the spousesA party’s debts may be kept separate while other debts are to be considered common.
decree of separationA court order determining that the parties, while remaining married, are legally separated. It may also determine any and all property rights based upon their marriage, as well as obligations of support. It is not applicable in every jurisdiction.
defect of age
dependentA person who needs the support of someone else in order to continue existing or operating.
determining paternity
disability or death of the partiesA statement guaranteeing full disclosure by both parties as to matters included in the prenuptial agreement
disruption of the family
dissolution of marriageThe final termination of a marriage, putting an end to legal duties and responsibilities of marriage and dissolving the bonds of matrimony between husband and wife. The spouses regulate issues that may arise between them in the event of dissolution.
dissolution of the marriage
division of community propertyThe property and assets of a married couple are divided upon the dissolution of the marriage. If the parties can come to an agreement, it takes the form of a property settlement agreement, while, in the absence of a mutual agreement, it requires a judicial order.
divorceAn everyday term for ending marriage by requesting the court to declare that the marriage will end.
divorcing spousesThe first part of the contract describes the persons who are involved in the process of dissolution of marriage
DNA test
domestic matters
domestic partnerA person, either of the opposite or same sex, other than a spouse, cohabiting with the other without any legally recognised form.
domestic partnershipInformal relationship of persons of the opposite or the same sex without the benefit of marriage or registration as a civil union.
dowerAn archaic term for the provision of a widow out of the wealth of her deceased husband for her support and the nurture of her children given by law to his widow during her life.
dowry
earnings
entire agreement clauseThe parties agree that there are no other agreement between the parties other than the one in question.
estranged spouse
ex-husbandA man who was in marriage with a woman but the marriage has already been terminated.
existing separate propertiesEither party may own real properties acquired before marriage. The prenuptial agreement lists all the property items that the parties do not intend to share with their spouse but keep as their separate property.
exploitationThe state or action of benefiting unfairly, illegally or immorally from someone, especially by getting them to do something with little in return.
family courtA court of law that hears cases involving domestic issues such as divorce and child custody.
family home
family ties
final judgement of dissolutionA court document determining the issues between the spouses, including especially the division of property, spousal support, child support, child custody and visitation rights.
foetus
foster childA child brought up by an adult other than his/her natural or adoptive parents.
foster parent
freedom from violence and fearChildren have the right to protection against violence, assault, neglect, discrimination and fear. Children must be protected against war or other military activities. International conventions prohibit the military use of children, sale of and trafficking in children, as they may cause irreversible mental damage.
full disclosureA statement guaranteeing full disclosure by both parties as to matters included in the prenuptial agreement.
full disclosure clauseThe parties represent all information provided herein is true and accurate and nothing remains undisclosed.
groomantonym A man who is about to get married or just got married
health and maintenanceThe custodial parent must care for and maintain the child, ensuring appropriate conditions in terms of adequate housing and standards of living. Healthy nutrition is also essential to ensure proper biological balance. Every child has the right to the highest attainable standard of health, which requires access to appropriate health care service.
health care provision
healthy nutrition
hold harmless clauseThe parties state that they each will protect the other from any liability arising out of the non-performance of the payment of obligation assumed by any party.
husbandA married man considered in relation to his wife
illegitimate childA child born out of wedlock once considered illegitimate, often looked down upon by society. However, in most legal systems, this distinction has much less relevance today, if any at all.
impediment to marriageUnder civil law, impediments signify bars to a marriage. These impediments are classified according to the related legal consequences. They may either prevent persons from marrying one another or set additional conditions or provide certain rules as to the validity of the marriage.
impending marriage
in vitro fertilizationA a form of assisted reproductive technology, where a woman's egg and a man's sperm are joined in a laboratory.
incestSexual relations between people being relatives who are too closely related to marry each other.
incestuous
incestuous relationship
income of the partiesThis provision will regulate how the income of the spouses earned during the existence of the marriage will be handled.
independent legal adviceThe parties state that each had the benefit of independent legal advice from an attorney of their choice.
infancy
infant
infidelity
irreconcilable problems
irremediable breakdown of the marriage
joint custodyWhen custody is awarded to both parents. They both have legal custody and/or physical custody of the child, and take active part in the rearing of the child.
juvenile delinquency
lack of capacityStatus of persons adjudicated mentally incompetent, who cannot be expected to know the consequences of their actions.
legal custodyThe right to make long-term decisions about the raising of a child, and key aspects of the child's welfare.
legitimite child
liability for the deterioration of the marriage
list of debts to be borne by each partyThere will be two lists setting forth the obligations that each of the parties shall bear, community and separate obligations, respectively.
list of properties to be awarded to each partyThere will be two lists setting forth the properties to be awarded to each of the parties under the settlement agreement.
love and careEvery child is in the custody of the parent. It includes situations where parents are unable or unwilling to provide custody or exercise parental rights to the child. In these cases the child may be placed under guardianship.
maintenanceThe payment of money from one party to the other in a divorce proceeding to maintain that party’s ability to exist at some predetermined level of comfort.
marital legal actions
marital status of the spousesThe current status of the persons with regard to any previous marriage and divorce or widowhood.
marriageThe officially sanctioned relationship between husband and wife, solemnized before a public officer or a clerical person.
marriage between blood relativesA person may not marry the blood relative of his/her sibling. For example, an uncle may not validly marry a niece.
marriage of convenienceA marriage contracted for the sole purpose of enabling the person concerned to enter or reside in a Member State.
married couple
maternityA legal term for motherhood.
mather-in-law
matrimonialA commonly used term indicating the official union of a man and a woman as husband and wife.
matrimonial dispute
matrimonyAnother commonly used term indicating the official union of a man and a woman as husband and wife.
mental wounds
military use of children
minorityThe prohibition of a minor to A minor, below a certain statutory age, may not validly marry another.
natural childA child born from biological parents, either married to each other or not. They are distinguished from the adopted child.
neglect
nephew
niece
non-custodial parent
non-resident parent
ordained minister
orphanA child whose parents are dead.
palimonyA sum to be paid upon the termination of a civil union where the parties are not legally married.
parentA person's father or mother.
parenting timeA general phrase indicating the ability a non-custodial parent to spend time with the child without court ordered specifics.
paternal responsibility
paternityThe fact of being a father. If the child is not born in wedlock, it must be legally acknowledged in a document to this effect.
paternity affidavitAn official document prepared, in case of unmarried couple, for the formal recognition of fatherhood to secure the father’s rights. It is most frequently used in situations when the mother is not married at the time of childbirth.
paternity right
petition for adoption
petition for divorceA document filed with the court to initiate legal divorce proceedings. Generally, it is the first step taken, but can usually be withdrawn if the couple should reconcile later.
petition for separation
petition requesting separationA plea requesting separation as opposed to dissolution of marriage, usually resulting in division of property but not the marital state. It can be viewed as the first step to the dissolution of the marriage, provided such step is recognised in a given jurisdiction.
petition to assess child supportA document filed by the custodial parent with the court requesting that the non-custodial parent contribute to the financial maintenance and education of a child.
petition to determine custodyA petition filed by one of the divorcing parents requesting the court to determine the appropriate custody arrangement which best fits the interest of the child, as well as the parents.
petition to establish paternityA petition filed with the court by either parent, usually with the purpose of demanding support or visitation rights, and requesting that the court determine who the biological father is, using scientific methods.
physical custodyThe parent that provides home and care for the child on a daily basis as determined by the court.
Post-nuptial AgreementA written agreement executed by spouses after getting married, in which they regulate their financial, property and other affairs in order to avoid any future conflict.
pre-nuptial agreementsynonym A written agreement made by a couple before getting married, to control certain financial aspects of their relationship, usually listing the property each person owns prior to marriage as well as any debts, and specifies each person’s property rights after the eventual dissolution of the marriage.
premarital agreementsynonym 
prohibition against child abuseLegal rules expressly prohibit any form of sexual abuse, exploitation or harassment. Legislation prohibits the inducement into or coercion of a child to engage in any unlawful sexual activity, with special regard to child prostitution, child pornography, and other unlawful sexual practices.
prohibition against child labourChildren must be protected from economic exploitation and from performing any work that is likely to interfere with the child's education, or may be harmful to the their health or physical, mental, spiritual, moral or social development.
proper education
property division orderA court order dissolving the marriage and establishing the status of the parties as single individuals. It also divides the properties and obligations of the parties resulting from their
property settlement
Property Settlement AgreementAn agreement between husband and wife in connection with the dissolution of the marriage between them which spells out the terms of divorce, and provides for the division of all property and assets owned by them jointly.
prospective spousesThe personal details of the man and woman intending to get married.
putative father
putative marriage
recreation
registered partnerA partner of the same sex, legally registered under the laws of the jurisdiction of residence.
relations by marriageAfter the termination of the marriage, one may not legally marry a lineal relative of the ex-spouse in most jurisdictions.
relativesA general term for a person connected by blood or marriage.
religious practitioner
remediable
representative of a childThe person
request for restraining orderA request to the court to order a person stalking, harassing, assaulting, abusing or otherwise threatening with violence to refrain from such actions. The court may restrict such person from contacting the protected person.
restraining orderA court document ordering a person who committed an action harmful to the child or spouse to refrain from such conduct or from contacting such person as a criminal sanction.
retirement account
right against juvenile adjudicationIn certain cases, juvenile defendants have the right to be tried by a court with special jurisdiction for juvenile delinquency.
right to entertainment and educationChildren have the right to proper education, including participation in school education and other cultural and social and programmes required for their proper development .Children also have the right to engage in play and recreational activities appropriate to their age.
separate propertyantonym Property owned individually by the husband and wife even during their marriage.
separate property of the parties
separationantonym Separation of the married couple from bed and board without the legal dissolution of the marriage. It will result in termination of the community property and the separate existence of the marital partners. It is not recognised in every legal system.
separation agreementAn agreement which deals with issues arising from a marriage upon separation. It may also be converted to a divorce settlement agreement in the event of the ensuing dissolution of the marriage.
separation from bed and board
separation from bed and board
shared custody
sibling
sister
sole custodyA situation when only one parent has physical and legal custody of a child, while the other parent may or may not have visitation rights.
split custodyThe situation when the parents have at least two children. In this case, one parent has full-time custody over one child, and the other parent has full custody over the other children.
spousal maintenanceA legal obligation on a person to provide financial support to a spouse before or after marital separation or divorce.
spousal supportThe sum ordered by the court to be paid by one party to the other upon dissolution of marriage providing for the care and maintenance of the other.
spouseA legally sanctioned partner in marriage such as a husband or wife.
statement of community debtsThe parties disclose fully and accurately all their community debts and obligations of any source.
statement of community propertiesThe parties disclose fully and accurately all their community properties in any form.
statement of separate debtsEach party discloses fully and accurately all their separate debts and obligations of any source.
statement of separate propertiesThe parties disclose full and accurately all their separate properties in any form.
stepchildA child of a person's wife or husband from a previous relationship, who may be adopted by the spouse of the natural parent.
support and maintenanceThe amount to be paid to the divorced spouse in the event the marriage should break down.
surrogate motherA woman who bears a child on behalf of another person or a couple, typically via artificial insemination or in vitro fertilization.
third party custodyAn arrangement whereby the children do not remain with either biological parent, but are placed in the physical and legal custody of a third person.
unborn childA foetus already conceived but not yet born at the date in question.
uncontested divorce
use of the family homeAfter the end of the marriage, one of the most crucial issues to be determined is disposition of the dwelling of the spouses. It must be addressed and agreed upon by the parties.
utility bills
visitationA legal word denoting the decision of a court regarding the specifics under which a non-custodial parent can have access to the child.
visitation rightsIn case of a divorce, the court usually grants the non–custodial parent certain visitation rights that regulate the limits and restrictions related to child access.
waiver of rightsIt sets forth the party’s waiver of rights to anything.
weddingA traditional word used to denote the actual ceremony, where the bride and the groom mutually declare, in the presence of a public official or a member of the clergy and witnesses, that they intend to marry each other.
wedlockA general word indicating that a man and a woman are joined in marriage as husband and wife.
welfare of the child
wellbeing of the child
widowA woman who has lost her spouse by death and has not married again.
widower
widowhood
wifeA married woman considered in relation to her spouse.
would-be wife