Jargon

Please note that these are not meant to be full legal definitions - just a brief guide.

Click on the first letter of the word you are looking for.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

Affidavit – a statement in written form that is sworn or affirmed in front of a Notary Public or Justice of the Peace. It is used where evidence requires to be given to a court but where a personal appearance in the witness box has not been required. Lying in an Affidavit carries penalties including imprisonment.

B

C

Civil Partner - someone with whom you have registered a same sex Civil Partnership under the Civil Partnership Act 2004.

Cohabitee - someone living with another as man and wife but unmarried.

D

Defender – the person who is named in the Initial Writ as being sued by the Pursuer

Do it yourself divorce – see our explanation of Divorce in Scotland

Domicile - your domicile is where you believe that your home is and, if you are not there now, where you intend, eventually, to return.
You might live temporarily - or even for extended periods of years - away from your domicile but if your intention is to return you retain that domicile.
Once you have decided to settle permanently in another country your domicile changes.

E

F

G

H

Habitual residence - where a person is habitually resident is a question of fact. Looking at all the circumstances, is their current address their usual one? This is important in relation to the question of Jurisdiction.

I

Initial Writ – the document, prepared by a Solicitor on behalf of his or her client, the Pursuer, that commences the court procedure. It is, initially, sent to the court and, assuming that it is in order, the court will grant a Warrant to serve the action on the Defender

J

Jurisdiction - a court has "jurisdiction" where it has the right to hear an action. When no action relating to the marriage or the children has already been raised, it is simply a matter of whether the person seeking to raise the action has lived in the Court's area or is domiciled there. Where, however, an action has already been raised, it is quite likely that another court will not be willing to deal with the matter since the first court may well have exclusive jurisdiction.

Justice of the Peace - A judge in the local courts who is authorised to take evidence under oath or affirmation, usually by way of Affidavit.

K

L

Legal Separation (see Separation)

M

N

Notary Public - A Solicitor who is authorised to take evidence under oath or affirmation, usually by way of Affidavit.

O

Ordinary procedure – see our explanation of Divorce in Scotland

P

Pursuer – the person commencing proceedings against the Defender

Q

R

S

Separation - Whether you are separated or not is a matter of fact. You are separated when you stop living with your spouse as husband and wife. It is quite possible to live, separately, under the same roof as long as you do not have sexual intercourse or offer to your spouse the normal services of a husband and wife, for instance, cooking, cleaning, shopping, etc.
The one or two year period of separation that can be required for a divorce starts on the day that you are separated so establishing this date is important. It also has an effect on the law relating to division of assets purchased prior to or after the separation.
If during the separation period you recommence living together as man and wife but only temporarily and for not more than six months in total, you may still be eligible to apply for a divorce. This is to encourage parties to try to reconcile without stopping the clock. In this case, you merely add the period of reconciliation to the one or two year period of separation.


Separation Agreement - A written agreement setting out the terms of your separation.
In Scotland, before a court will divorce you, either the court must have made decisions upon or you must have agreed with your spouse all outstanding matters relating to finance, property and children.
Generally, the most cost-effective way of arranging a divorce is to agree, beforehand, all of these matters and to have this consigned to writing in a separation agreement. If you start the divorce proceedings before doing so, this risks very extensive court costs.


Sheriff Court – In Scotland, the local court dealing with Civil (rather than Criminal) cases.


Spouse - a married partner - not a Cohabitee

T

U

V

W

Warrant – issued by a court this is permission to do something. In divorce procedure, it is normally the permission granted to the Solicitor acting for the Pursuer to serve the divorce action on the Defender

X

Y

Z