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iGlossary
A list of family law terminology to help better understand what lawyers are talking about and some of the specific terms used. This glossary provides general information only. Professional advice should always be taken and we cannot accept any liability for reliance on it.
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Talaq
An Islamic divorce. Provided there is some official element to the divorce and it is not a transnational divorce, it will often be recognised in England. Bare talaqs invariably consisting of the simple threefold pronouncement of, for example, “I divorce you” are often not recognised
Taxation
This has nothing at all to do with tax, but was the process by which the court assessed the level of costs that should be paid. (It is now called “detailed assessment” but the old word may still be used). The level of costs might be:
- the “solicitor and own client” taxation where the client is asking the court to consider his/her solicitor’s bill
- the “party and party taxation” where the solicitors are arguing over the actual amount that should be paid by one party following “an order for costs”; or
- the “legal aid taxation” where the court is considering the amount in line with legal aid rules to be paid to the solicitor by the Legal Services Commission (and perhaps recouped in whole or part from the client e.g. through the statutory charge.)
Tenancy in Common
See severance of joint tenancy.
Transmitting Agency
A service run by the Ministry of Justice in each country often in conjunction with the Courts to facilitate service of documents between countries. In England it can be contacted as follows Foreign Process Section, Room E10, Royal Courts of Justice, Strand, London, WC2A 2LL telephone 020 7947669/6327 fax 020 7947 6975
Transnational Divorce
A divorce commenced in one country and concluded in another. They are not recognised as foreign divorces under English law
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