Access – describes the time that the non-custodial parent spends with his or her children (see also “Custody”)

Appeal – a process by which a person who has lost a case may ask a higher court to review and change a judge’s decision

Application – the name of the court document which begins the case; also, the formal name for the court case itself

Arbitration – a process in which the parties hire a private person, usually a senior lawyer, to make a legally binding decision regarding their disputes. The parties sign a contract agreeing to follow the arbitrator’s ruling as if it were a court order, and if they do not follow the ruling, a court may order them to do so

Case Conference – describes the process which occurs during the first court appearance in most cases (see article, “What Really Happens in Court?”, for a detailed description of what happens at a Case Conference)

Child Support – money paid by one parent to the other to help cover the children’s expenses. The money is paid to the parent with whom the children primarily reside

Child Support Guidelines – government-published rules and charts which determine how much child support must be paid. The amount depends on the payor’s income and the number of children being supported, as well as other factors

Collaborative Family Law – a relatively new “alternative dispute resolution process”; in this process, the parties and their lawyers agree to work as a team to resolve the parties’ disputes without resorting to litigation. For more information about Collaborative Family Law, see collaborativepracticetoronto.com

Common Law Relationship – a romantic relationship in which two people reside together without legally marrying. Common law couples have different legal rights than married couples

Corollary Relief – in a divorce application, this term describes everything the applicant is asking the judge for, other than the divorce itself: for example, custody, child support, spousal support, equalization of net family property, etc.

Custody – refers to the legal authority of a parent to make major decisions regarding important aspects of the childrens’ lives. “Sole custody” means these decisions can be made by one parent alone. “Joint custody” means these decisions must be made together. Contrary to popular opinion, the term “custody” has nothing to do with where the children live. Couples often share “joint custody” even though one parent might be the “primary caregiver” (see below)

Disclosure – the process by which one spouse provides documentation to the other to establish proof of that person’s income, expenses, assets, and liabilities

Divorce – the legal termination of a marriage

Divorce Act – federal legislation that governs how divorce proceedings are conducted

Equalization – describes the process of dividing up marital assets and debts

Equalization Payment – the payment of a specific sum of money by the spouse who owns more net family property, to the spouse who owns less net family property

Extraordinary Expenses – additional child support which may be payable to cover certain large expenses over and above the children’s basic monthly needs (for example, orthodontia, private school tuition, daycare, certain extracurricular activities). Parents generally divide these expenses in proportion to their incomes

Family Law Act – provincial legislation that governs how separation proceedings are adjudicated

Family Responsibility Office – government agency that administers the payment of child support and spousal support

Financial Statements – documents which are exchanged by the spouses, which reveal their respective incomes, expenses, assets, debts, and other relevant financial information. Financial statements follow a prescribed form and are legally sworn documents

Matrimonial Home – a residence owned by a married couple at the time of separation. A married couple can have more than one matrimonial home. A common-law couple’s home is not referred to as a “matrimonial home” and is treated differently by law than a married couple’s home

Mediation – a process whereby a neutral third party assists a couple in settling their disputes. A mediator helps the couple arrive at their own decisions, rather than forcing decisions on them. Once a decision is made, the mediator prepares a draft separation agreement which is then completed by the couple’s lawyers

Motion – a court appearance in which one party asks a judge to make a temporary order while the parties wait for trial

Net Family Property – calculated as of the valuation date (date of separation), the value of a spouse’s total assets, less the following: the spouse’s total debts, the value of assets s/he had on the date of marriage, and certain inheritances and gifts received during marriage

Gavel on the table

Order – a ruling made by a judge which requires compliance by all persons who are affected by the ruling

Pre-Nuptial Agreement (also known as marriage contract) – a binding legal agreement, made in writing, in which spouses agree to “opt out” of certain provisions in the legislation which would normally determine their rights

Pre-Trial Conference/Settlement Conference – a court appearance in which a judge meets informally with the spouses and their lawyers to give a preliminary opinion and make specific recommendations to help the parties settle their case

Primary Caregiver – the parent with whom the children reside the majority of the time, and to whom child support is generally payable

Restraining Order – if it is appropriate, a court may order that a person refrain from contacting or physically coming within a certain distance of another person

An unhappy couple

Separation – describes a situation where spouses are living separate and apart with no reasonable prospect of reconciliation. Spouses may, under some circumstances, be considered to be separated even if they are living under the same roof

Separation Agreement – a legally binding document, signed by the spouses, in which they have agreed on a specific resolution of the disputes arising from the breakdown of the marriage. A separation agreement may be enforced by the courts if it is not complied with

Spousal Support – money paid, in some cases, by the higher income-earning spouse to the lower income-earning spouse in order to help the lower income earning spouse meet financial obligations

To issue an Application – means that a court proceeding has begun. A court file is opened at the courthouse and a court file number is assigned to the case

Trial – a court hearing, at the end of which the judge will make an order finalizing the case

Valuation Date – the date on which a married couple separates; the date as of which the assets and debts are valued for the purpose of equalization