Common Legal Terms

CUSTODY

A term no longer used in the Courts. It used to mean where a child lived and who had control and responsibility for their daily life.

CONTACT

A term no longer used in the Courts. It used to mean the time a child would spend visiting the parent they don’t mainly live with.

SPEND TIME WITH

Is the current term to describe time spent by a child visiting a parent that they don’t mainly live with.

GUARDIANSHIP

A term no longer used in the Courts that used to mean control and responsibility for the long term welfare of a child.

RESIDE

A term no longer used by a Court that means where a child lives.

CONSENT ORDER

Is a written agreement relating to children and/or property settlement approved and made as an Order by the Court.

DE FACTO RELATIONSHIP

Is a heterosexual or same sex couple living together on a genuine domestic basis but not legally married to each other. There are some other qualifying thresholds that if met will mean that the parties relationship will be classed as a de facto relationship.

ACCESS

A term no longer used in the Courts, but used to mean the time a child would spend visiting a parent they don’t mainly live with.

BINDING FINANCIAL AGREEMENT

Is an Agreement which can be either in the nature of a pre-nuptial Agreement such that it will set out the terms of a division of property in the event of a later separation OR it can cover the division of property following a separation.

PRE-NUPTIAL AGREEMENT

Is a phrase that is commonly used which means an Agreement, which will set out the terms of a division of property in the event of a later separation. In reality it is a type of Binding Financial Agreement.