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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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MacFarlane
See Miller.
Maintenance
Either child support, see CSA, or spousal support, often known as alimony.
Maintenance pending suit
Aka interim periodical payments or mps – maintenance to provide for short term income needs before the final settlement; can include provision for payment of ongoing legal costs by the other party.
Matrimonial property
See Miller. Resources acquired during the marriage. Excludes pre relationship assets, gifts, inheritances, some post separation assets and some business assets. They are often divided equally, subject to needs. Non matrimonial assets are less likely to be shared but will be increasingly brought into sharing with longer marriages.
Mareva
Injunction stops the use or disposal of assets e.g. bank accounts, properties etc until the final hearing. Often granted when it is feared one spouse will get rid of assets to defeat the other’s claim. Includes assets abroad. Also now known as a “freezing order”.
Marriage
A state registered relationship (which can take place in religious or other public places) between a man and a woman.
Mediation
A process of negotiation between a couple, assisted by professionals who may be lawyers; it runs alongside the advice given by lawyers but offers a different way for couples to resolve themselves the issues they face. It is not to be confused with counselling. In orthodox mediation, the mediators can say if a proposed outcome is unlikely to be upheld by a court. Directive mediation often includes a couple’s lawyers present in the mediation room and the mediator is able to direct what would happen if the case were to be heard in court in order to help produce a settlement.
Memorandum of understanding
The document at the end of mediation that expresses the proposed deal.
Miller
A major House of Lords decision in May 2006 with the case of MacFarlane. Reaffirmed equality as a starting point, importance of needs in most cases as basis for settlements, stopped conduct and special contribution in non exceptional cases. Distinguished matrimonial property and non matrimonial property with former likely to be divided equally if needs allow and the latter increasingly shared if a longer marriage. See Fact sheet on Financial Outcome.
Millionaire’s defence
A manner in which the very wealthy could avoid detailed disclosure as unnecessary for a final settlement. Now largely obsolete following White.
Mirror orders
An order, often in proceedings concerning children, made in another country and in identical terms to an order made in the child’s home country, often concerning residence or contact or similar. By making the mirror order, it avoids new and different orders being made when the child goes to that country either to live or for a holiday. It tries to secure the original arrangements made for the child are observed in other countries.
Molestation
As in non-molestation injunction - refers to a court order prohibiting (usually) most forms of conduct that could in any way harass or pester the applicant or any children. Made in the context of domestic violence/abuse cases.
