Glossary of Legal Terms:

Understanding Family Law Terminology

Navigating family law matters can be overwhelming, especially when you encounter legal terms that may be unfamiliar. To help you better understand the terminology used in family law cases, we have compiled a glossary of common legal terms.

Affidavit: A written statement of facts that is sworn or affirmed to be true and is used as evidence in court.

Alimony: Also known as spousal support, alimony refers to financial payments made by one spouse to another after a divorce or separation to provide for their financial needs.

Annulment: A legal process that declares a marriage null and void, as if it never existed. This is different from a divorce, which dissolves an existing marriage.

Child Custody: The legal right and responsibility to care for, make decisions for, and maintain physical possession of a child. In Canada, Child Custody is now legally identified as ‘Parent Time & Access’.

Child Support: Financial payments made by one parent to another for the purpose of providing for the financial needs of their child or children.

Cohabitation Agreement: A legally binding agreement between two individuals who live together but are not married, outlining their financial and property rights and responsibilities in the event of a separation.

Collaborative Law: A dispute resolution process in which both parties and their lawyers work together to negotiate a settlement outside of court, with an emphasis on cooperation and mutual respect.

Contested Divorce: A divorce in which the parties cannot agree on one or more issues, such as child custody, property division, or spousal support, requiring the court to intervene and make decisions on their behalf.

Custodial Parent: The parent who has been granted primary custody of a child and is responsible for the day-to-day care and decision-making for that child.

Equitable Distribution: A method of dividing marital assets and debts fairly and equitably between both parties during a divorce, considering factors such as the length of the marriage, each spouse's contributions, and their financial needs.

Guardian ad Litem: A court-appointed individual who represents the best interests of a child in a legal proceeding, such as a custody dispute.

Joint Custody: A custody arrangement in which both parents share legal and/or physical custody of a child.

Marital Assets: Property and assets acquired by either spouse during the course of a marriage.

Mediation: A voluntary, confidential process in which a neutral third party (the mediator) assists both parties in reaching a mutually acceptable agreement on issues such as child custody, property division, and spousal support.

No-Fault Divorce: A divorce in which neither party needs to prove fault or wrongdoing by the other spouse to obtain a divorce. The most common ground for a no-fault divorce is irreconcilable differences.

Parenting Plan: A written agreement between parents outlining the custody, visitation, and decision-making arrangements for their child or children.

Parent Time & Access: The legal right and responsibility to care for, make decisions for, and maintain physical possession of a child. Formerly known as Child Custody.

Prenuptial Agreement: A legally binding contract signed by a couple before marriage, outlining how assets, debts, and other financial matters will be handled in the event of a divorce or separation.

Pro Se: Representing oneself in a legal proceeding without the assistance of an attorney.

Sole Custody: A custody arrangement in which one parent is granted exclusive legal and/or physical custody of a child, with the non-custodial parent typically having visitation rights.

Spousal Support: Financial payments made by one spouse to another after a divorce or separation to provide for their financial needs. Also known as alimony.

Uncontested Divorce: A divorce in which both parties agree on all issues, such as child custody, property division, and spousal support, allowing the divorce to proceed without a trial or court intervention.

Visitation: The time granted to a non-custodial parent to spend with their child or children according to a schedule determined by the court or agreed upon by both parents.

Child and Family Services Act: A provincial law that governs matters related to child protection, adoption, and family services.

Division of Property: The process of dividing the assets and debts accumulated during a marriage between the spouses in a divorce or separation.

Marital Property: Assets and property acquired by either spouse during the course of a marriage, which are subject to division in a divorce or separation.

Non-Marital Property: Assets and property acquired by either spouse before the marriage or during the marriage as a gift or inheritance, which are not subject to division in a divorce or separation.

Separation Agreement: A legally binding document that outlines the terms and conditions of a separation, including child custody, visitation, spousal support, and division of property.

Restraining Order: A court order that requires one person to stay away from another person, typically used in situations involving domestic violence or harassment.

Paternity: The legal determination of a child's biological father, which may involve genetic testing in contested cases.

Child's Best Interests: The primary consideration in determining child custody and other family law matters involving children, taking into account factors such as the child's emotional, physical, and educational needs, the stability of each parent's home environment, and the child's preferences (if they are of an appropriate age).

Child Access: The right of a non-custodial parent to spend time with their child, as determined by the court or agreed upon by both parents in a parenting plan or separation agreement.

Interim Order: A temporary court order that addresses specific issues while a case is ongoing, such as child custody, visitation, or spousal support.

Final Order: A court order that resolves all outstanding issues in a case, such as a divorce decree or a final child custody order.

Family Court: A specialized court that deals with family law matters, including divorce, child custody, child support, and spousal support.

Legal Separation: A formal arrangement in which a married couple lives apart but remains legally married, often involving a separation agreement that outlines the terms and conditions of the separation.