DX
The Document Exchange system, a private postal system used by lawyers, courts, local authorities and other organisations and paid for by annual subscription. Items are delivered overnight to a locker in an exchange near the member’s office.
Blog - Definitions
Reply
If the Respondent files an Answer after receiving the divorce papers (thus turning it into a defended divorce), the Petitioner is allowed to comment on the Answer in a document called a Reply. Unless the court decides otherwise, there are no further pleadings, just Petition – Answer – Reply. Don’t forget that that the vast
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Separation Agreement
A married couple who separate sometimes agree to get divorced but not straight away. This may be for a variety of reasons, but often it is because they have agreed to divorce on the basis of two years’ separation with consent. In this situation it is nearly always best for the couple to enter into a
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Answer
If a person is served with a divorce petition and wants to defend the proceedings, the document they submit to the court is an Answer. Most divorces are undefended, in which case there is no Answer. Typically, an Answer states that the marriage has broken down irretrievably but asserts that the reason for the breakdown
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Petition
As a noun, the document that starts divorce proceedings. The petition provides the court with certain information required by the rules and states what the petitioner is seeking, including the dissolution of the marriage, any orders (in outline only) to do with finances or children and perhaps an order requiring the respondent (the other spouse)
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Counsel
Barrister, as in ‘to instruct counsel’ or ‘counsel’s opinion’. Can be used of the Bar as an institution, as in ‘John Smith of Counsel’ meaning ‘the barrister John Smith’.
Undertaking
A solemn promise. A person who gives an undertaking to the court and then breaches the terms of the undertaking is in contempt of court and can be punished by imprisonment or a fine or both. A solicitor’s undertaking to another solicitor is a promise to do something and can be relied on since it
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Draft
A preliminary version of a document or letter intended for comment and if necessary amendment. For example at the start of a divorce the solicitor may send the client a draft initial letter addressed to the client’s spouse for the client to comment on before it is sent. Similarly when the parties to a divorce
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Special Procedure
The procedure used for an undefended divorce, normally relying on the papers alone without any court hearings – ‘special’ when it was first introduced but now the normal procedure used in nearly every divorce.
Evidence
A way of proving a fact. Evidence can be in the form of a document or it can be given orally to the court under oath. Unless a fact is agreed, evidence will be needed. “Our client has £10,000 in his building society account” is a mere assertion and is not sufficient, but a photocopy
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