Understanding Family Law Terminology: A Simple Glossary
- Justeen Dormer
- Aug 7
- 5 min read
Family Law
We understand that navigating the legal system can be overwhelming, especially when it feels like every second word is a complex legal term. Family law proceedings often come with emotional stress, and unfamiliar terminology can make the process even more daunting. To help, we’ve compiled a glossary of commonly used family law terms. Whether you’re at the start of your legal journey or already involved in proceedings, this guide is here to give you more confidence and clarity.
Abuse (in relation to a child): Harm or mistreatment of a child, including physical or sexual abuse, serious neglect, or exposure to family violence.
Address for Service: The address where court documents can be sent to a party.
Adjourn: To postpone a court event to a later date.
Affidavit: A written statement of facts, sworn or affirmed to be true.
Applicant: The person who starts a legal case.
Alternative Dispute Resolution (ADR): Ways to resolve disputes outside of court, like mediation.
Annulment: A legal declaration that a marriage is void, as if it never existed.
Appeal: A request to a higher court to review a decision.
Assets: Property or valuables owned by a person.
Appearance: When a person or their lawyer attends court.
Barrister: A legal advocate who usually appears in court.
Best Interests of the Child: The main consideration in parenting decisions, focusing on the child's safety and well-being.
Binding Child Support Agreement: A legally binding agreement between parents about child support, requiring legal advice.
Breach: Failing to comply with a legal duty or agreement.
Case: A legal dispute or court matter.
Child Support: Payments from one parent to another to financially support their child.
Child Maintenance Order: A court order requiring child support payments.
Child Neglect: Failing to meet a child’s basic needs.
Collaborative Law: A cooperative way for parties and their lawyers to resolve disputes without court.
Consent Orders: A written agreement between parties approved by the court to become legally binding.
Custody: Now replaced with terms like "lives with" or "spends time with."
Contravention Application: A court application claiming someone breached a court order.
Conciliation Conference: A court-ordered meeting to resolve financial disputes.
De Facto Relationship: A couple living together on a genuine domestic basis without being married.
Divorce: The legal end of a marriage.
Disclosure: Sharing relevant documents and information in a case.
Domestic Violence: Behaviour that causes harm or fear in a family or relationship setting.
Due Process: The legal right to be heard and respond in court.
DNA Testing: Genetic testing used to determine biological relationships.
Equal Shared Parental Responsibility: Both parents share decision-making for major issues in a child’s life.
Evidence: Information presented to support a legal claim.
Ex Parte: A court decision made without the other party being present, usually in urgent situations.
Enforcement Order: A court order to ensure another court order is followed.
Family Law Act 1975: The main law governing family matters in Australia.
Family Violence: Behaviour that harms, coerces or controls a family member.
Family Law Courts: Courts that handle family law matters in Australia.
Final Orders: The court’s final decision in a case.
Financial Agreement: A private agreement about financial matters during or after a relationship.
Financial Resources: Money or assets a person may expect in the future.
Filing: Submitting documents to the court.
Grounds for Divorce: In Australia, the only ground is a 12-month separation showing the marriage has broken down.
Hearing: A court session where evidence is presented.
Hearsay: Evidence based on what someone else said; generally limited in use.
High Court of Australia: The highest court in the country.
Independent Children’s Lawyer (ICL): A court-appointed lawyer representing a child's best interests.
Interim Orders: Temporary court decisions made before the final hearing.
Injunction: A court order telling someone to do or not do something.
Judge: The person who decides a case in court.
Judgment: The formal decision made by a court.
Jurisdiction: The court’s authority to hear and decide a case.
Lawyer: A qualified legal professional.
Legal Aid: Government-funded legal help for those who cannot afford a lawyer.
Liability: A legal obligation, such as a debt.
Lives With / Spends Time With: Modern terms replacing "custody" and "access."
Marriage: A legal union between two people.
Mediation: A process where a neutral person helps resolve disputes.
Magistrate: A judicial officer who may hear less complex family law cases.
Maintenance Order: A court order for one party to financially support another.
Order: A decision by the court that must be followed.
Oath: A promise to tell the truth in legal proceedings.
Parental Responsibility: The duties and powers parents have to make major decisions for a child.
Parenting Plan: A written agreement about care and arrangements for a child (not legally binding).
Parenting Orders: Court orders about a child's care, including who they live with and spend time with.
Party / Parties: The people involved in a legal case.
Property Settlement: The division of assets and debts after a relationship ends.
Prenuptial Agreement: A financial agreement made before marriage.
Registrar: A court official who handles certain tasks and decisions.
Respondent: The person who responds to an application.
Restraining Order: A court order to protect someone from harm or harassment.
Separation: The end of a relationship where the parties no longer live as a couple.
Service: Officially delivering court documents to the other party.
Spouse: A person's husband or wife.
Spousal Maintenance: Financial support paid to a former partner.
Subpoena: A court order requiring someone to attend court or provide documents.
Trial: A formal court process to resolve a dispute.
Testimony: A witness’s statement given under oath.
Third Party: A person or organisation involved in a case but not one of the main parties.
Venue: The location or court where a case is heard.
Valuation: Assessing the value of property for division in a settlement.
Witness: Someone who gives evidence in a case.
Without Prejudice: A statement made during negotiation that can’t be used in court later.
Struggling with legal language during a stressful time? Our simple glossary explains common family law terms in plain English, helping you feel more confident and informed. Get in touch with Dormer Stanhope for personalised legal guidance.
