Divorce Dictionary

Abuse – Cruel treatment of others, and also grounds for divorce.

Access – Parenting access can also be called visitation, which is the parent's right to spend time with their child. 

Adultery – Consensual sexual relations between someone who is married and someone else they are not married to, also another ground for divorce.

Antagonistic System – The legal system is frequently referred to as antagonistic as the parties actively oppose one another.

Affidavit – A written document that is sworn under oath.

Affidavit of Documents – A written document sworn under oath where a person swears that the list of documents is all they have in their possession related to the case.

Alternative Dispute Resolution – Alternative methods to resolving disputes out of court, such as mediation.

Answer – A document responding to an Application, to which you have 30 days to respond.

Annulment – A claim that your marriage is void for specific reasons, such as the marriage was never consummated or one party was already married.  This is a legal annulment, not to be confused with a religious annulment.

Appeal – When someone asks the court to reverse a previous court decision. 

Application – A document that is filed to apply for a divorce or other family law remedy.

Appraisal – A process used to determine the value of items that you or your spouse own.

Arbitrator – A professional who makes a binding decision about a case in a mini-trial.  Arbitration is quicker and less costly than court. 

Bankruptcy – A proceeding where someone cannot pay back their debts and seeks relief.  It does not affect child or spousal support payments, and you cannot claim bankruptcy on the arrears of child or spousal support. 

Beneficiary – A person named to receive assets from an estate, a trust, an insurance policy, etc.

Business Valuator – A professional (may be an accountant) trained to conduct valuations on a business.  A business valuation may be required if you or your spouse own a business. 

Canada Pension Plan – Credits collected during the marriage term, divisible during a divorce, you may not contract out and deal with separately from other property.

Case Conference – Normally considered a first court appearance in a family law matter.  A case conference is an excellent opportunity to narrow down the issues in your case and try to resolve some of the issues.

Case Law – Written or verbal decisions made by judges in previous court cases can be used as a precedent in current ongoing cases.

Child Support – Financial payments made by one parent to the other to help cover a child's living expenses.  

Cohabitation – When two people live together but are not married.  They are in a marriage-like relationship.

Cohabitation Agreement – An agreement between two parties who plan to live together that sets out how matters will be dealt with if the parties end the relationship or one or both parties dies. 

Collaborative Process – A process wherein the parties and their lawyers agree that they will attempt to resolve their differences justly and equitably without turning to the courts.  

Collusion – Collusion is an arrangement between two or more parties to act concurrently to achieve an illegal intent.  For example, a husband and wife agree that they separated a year ago when they did not, and collusion is unlawful.

Common-Law Relationship – A couple who have lived together for at least three years but are not married.   

Confidentiality – Information which must be kept private.  

Consummate –  To make a relationship, whether married or not, complete by having sexual relations with each other.

Contempt of Court – You are in contempt of court when you violate a court order.  Contempt of court is a severe criminal and civil offence that may impose monetary fines and jail time as possible punishments.

Contested Divorce – When an agreement cannot be reached on some or all of the issues of a divorce.

Corollary Relief – Issues arising from the breakdown of a marriage other than the divorce itself, such as decision-making responsibility, child support, spousal support and the division of assets.

Cost of Living Adjustment – A cost of living adjustment is an increase in the number of payments that occur annually, such as in support payments.  The adjustment is typically established on the Consumer Price Index for your city or province.  

Costs – Costs are costs ordered by a judge once a motion or trial is decided to compensate the successful party for some or all of their legal fees.  

Debts and Assets Incurred After Separation or Divorce – You will not be found liable for any debts your spouse incurred after the date of separation, and you will not need to share the value of any assets you acquire after separation with your spouse.

Decision-Making Responsibility – The right of one or both parents to make significant decisions about their child's upbringing (such as medical, educational and religious decisions); a court may grant decision-making responsibility to one parent (sole decision-making) or both parents (joint decision-making).

Defined Benefit Plan – A pension plan where the plan promises that you will collect a pre-determined monthly income for life upon your retirement. 

Defined Contribution Plan – A pension plan in which your contributions to a retirement plan are understood (defined).  The amount of money to be dispersed upon your retirement is unspecified and depends upon how the yearly contributions have been invested.

Dependant – A legal term for an individual who is owed support.  You are legally bound to support your children, spouse, and parents.

Disbursements – Disbursements are out-of-pocket expenses such as court fees, couriers, faxes, photocopies, appraisals and valuations of assets, and process servers.

Discovery – A legal process for assembling information.  The discovery process involves document requests and your spouse being questioned under oath. 

Division of Property – A court commonly splits assets amassed during the marriage term equally.  A judge can order an unequal division of property based on facts such as whether the marriage was of short duration or whether one spouse carelessly exhausted property.

Divorce – A legal dissolution of a marriage by a court, and a divorce is not necessary for common-law couples.

Divorce Order – A document signed by a judge stating that your divorce is final 31 days after the date the order was signed.

Domestic Violence – Abusive behaviours utilized by one person in a relationship towards the other to manipulate or harm them.  Some common examples are hitting, shoving, slapping, punching, unwanted sexual activity, emotional and financial abuse. 

Abuse – Cruel treatment of others, and also grounds for divorce.

Access – Parenting access can also be called visitation, which is the parent's right to spend time with their child. 

Adultery – Consensual sexual relations between someone who is married and someone else they are not married to, also another ground for divorce.

Antagonistic System – The legal system is frequently referred to as antagonistic as the parties actively oppose one another.

Affidavit – A written document that is sworn under oath.

Affidavit of Documents – A written document sworn under oath where a person swears that the list of documents is all they have in their possession related to the case.

Alternative Dispute Resolution – Alternative methods to resolving disputes out of court, such as mediation.

Answer – A document responding to an Application, to which you have 30 days to respond.

Annulment – A claim that your marriage is void for specific reasons, such as the marriage was never consummated or one party was already married.  This is a legal annulment, not to be confused with a religious annulment.

Appeal – When someone asks the court to reverse a previous court decision. 

Application – A document that is filed to apply for a divorce or other family law remedy.

Appraisal – A process used to determine the value of items that you or your spouse own.

Arbitrator – A professional who makes a binding decision about a case in a mini-trial.  Arbitration is quicker and less costly than court. 

Bankruptcy – A proceeding where someone cannot pay back their debts and seeks relief.  It does not affect child or spousal support payments, and you cannot claim bankruptcy on the arrears of child or spousal support. 

Beneficiary – A person named to receive assets from an estate, a trust, an insurance policy, etc.

Business Valuator – A professional (may be an accountant) trained to conduct valuations on a business.  A business valuation may be required if you or your spouse own a business. 

Canada Pension Plan – Credits collected during the marriage term, divisible during a divorce, you may not contract out and deal with separately from other property.

Case Conference – Normally considered a first court appearance in a family law matter.  A case conference is an excellent opportunity to narrow down the issues in your case and try to resolve some of the issues.

Case Law – Written or verbal decisions made by judges in previous court cases can be used as a precedent in current ongoing cases.

Child Support – Financial payments made by one parent to the other to help cover a child's living expenses.  

Cohabitation – When two people live together but are not married.  They are in a marriage-like relationship.

Cohabitation Agreement – An agreement between two parties who plan to live together that sets out how matters will be dealt with if the parties end the relationship or one or both parties dies. 

Collaborative Process – A process wherein the parties and their lawyers agree that they will attempt to resolve their differences justly and equitably without turning to the courts.  

Collusion – Collusion is an arrangement between two or more parties to act concurrently to achieve an illegal intent.  For example, a husband and wife agree that they separated a year ago when they did not, and collusion is unlawful.

Common-Law Relationship – A couple who have lived together for at least three years but are not married.   

Confidentiality – Information which must be kept private.  

Consummate –  To make a relationship, whether married or not, complete by having sexual relations with each other.

Contempt of Court – You are in contempt of court when you violate a court order.  Contempt of court is a severe criminal and civil offence that may impose monetary fines and jail time as possible punishments.

Contested Divorce – When an agreement cannot be reached on some or all of the issues of a divorce.

Corollary Relief – Issues arising from the breakdown of a marriage other than the divorce itself, such as decision-making responsibility, child support, spousal support and the division of assets.

Cost of Living Adjustment – A cost of living adjustment is an increase in the number of payments that occur annually, such as in support payments.  The adjustment is typically established on the Consumer Price Index for your city or province.  

Costs – Costs are costs ordered by a judge once a motion or trial is decided to compensate the successful party for some or all of their legal fees.  

Debts and Assets Incurred After Separation or Divorce – You will not be found liable for any debts your spouse incurred after the date of separation, and you will not need to share the value of any assets you acquire after separation with your spouse.

Decision-Making Responsibility – The right of one or both parents to make significant decisions about their child's upbringing (such as medical, educational and religious decisions); a court may grant decision-making responsibility to one parent (sole decision-making) or both parents (joint decision-making).

Defined Benefit Plan – A pension plan where the plan promises that you will collect a pre-determined monthly income for life upon your retirement. 

Defined Contribution Plan – A pension plan in which your contributions to a retirement plan are understood (defined).  The amount of money to be dispersed upon your retirement is unspecified and depends upon how the yearly contributions have been invested.

Dependant – A legal term for an individual who is owed support.  You are legally bound to support your children, spouse, and parents.

Disbursements – Disbursements are out-of-pocket expenses such as court fees, couriers, faxes, photocopies, appraisals and valuations of assets, and process servers.

Discovery – A legal process for assembling information.  The discovery process involves document requests and your spouse being questioned under oath. 

Division of Property – A court commonly splits assets amassed during the marriage term equally.  A judge can order an unequal division of property based on facts such as whether the marriage was of short duration or whether one spouse carelessly exhausted property.

Divorce – A legal dissolution of a marriage by a court, and a divorce is not necessary for common-law couples.

Divorce Order – A document signed by a judge stating that your divorce is final 31 days after the date the order was signed.

Domestic Violence – Abusive behaviours utilized by one person in a relationship towards the other to manipulate or harm them.  Some common examples are hitting, shoving, slapping, punching, unwanted sexual activity, emotional and financial abuse.