Legal letters and court documents are full of terms that lawyers use every day but rarely stop to explain. Here's what they actually mean — in plain language, with real examples.
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The questions clients ask most often — answered plainly.
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A written statement of facts that you sign in front of a lawyer or notary, swearing that everything in it is true. Courts treat it as evidence — like giving spoken testimony, but on paper. If you lie in an affidavit, that's perjury.
"I signed my financial affidavit yesterday — it lists all my income, assets, and debts."
When a scheduled court appearance is pushed to a later date. Both sides can agree to adjourn, or a judge can order it. It's common — courts are busy and circumstances change.
"Our case was adjourned to November because the other side needed more time to prepare."
"We filed an application for interim child support while we wait for the full hearing."
The standard of proof used in family and civil law. It means the judge decides based on what's more likely to be true — more than 50%. It's a lower bar than the criminal standard ('beyond reasonable doubt').
"The judge found, on the balance of probabilities, that the income figure was accurate."
A document filed with the court laying out your side's legal arguments, the facts you're relying on, and the law that supports your position. Judges read briefs before hearings.
"Our lawyer filed the brief yesterday — it explains why we're asking for sole guardianship."
A brief hearing, usually in a smaller courtroom, to deal with procedural matters or applications. Most family law applications are heard in chambers. A full trial is a different, longer proceeding.
"We have a chambers appearance next week to deal with the support application."
When both parties agree on something and ask the court to make it an official order. Because a judge signs it, it's legally enforceable — just like an order made after a full hearing. Breaking a consent order has the same consequences.
"We settled on a parenting schedule and the judge made it a consent order."
When someone knowingly violates a court order. The consequences can include fines or even jail. In family law, it most often comes up when someone refuses to follow a custody, support, or disclosure order.
"If you don't pay the court-ordered support, the other side could bring a contempt application."
When the person you've taken to court files their own claims back against you in the same proceeding. Instead of starting a separate case, they respond and claim what they want at the same time.
"She filed a counterclaim asking for the family home and full custody."
In older terminology (still used in some documents), this is the final court order that legally ends a marriage. In BC today it's simply called a divorce order or certificate of divorce, but older documents may use this term.
"I received my decree absolute — I am legally divorced as of that date."
When one party doesn't respond, file documents, or show up to court. The other side can often get an order made against the defaulting party without them present.
"He didn't respond to the claim, so we applied for default judgment."
Sharing financial and other information with the other side
Both sides in a family law case are required to fully and honestly share their financial information — income, assets, debts, expenses. Hiding assets is a serious breach that can result in penalties or the case being re-opened years later.
"Your lawyer will prepare your disclosure package — tax returns, bank statements, pay stubs."
The process of exchanging information before a hearing
The formal process where each side gathers information from the other. In BC family law this usually means financial disclosure and document exchange. It can also include examinations for discovery — oral questioning under oath before a court reporter.
"We're in the discovery phase — both sides are exchanging financial documents."
Out-of-pocket costs your lawyer pays on your behalf
Expenses your lawyer incurs while working on your file — court filing fees, process server fees, courier costs, court reporter fees, property appraisal costs — billed back to you on top of their hourly fees.
"The invoice includes $850 in disbursements for the court filing and property search fees."
Oral questioning under oath before a court reporter
A formal session where lawyers question the other side's client (not their own) under oath, recorded by a court reporter. The answers can be used in court. It happens before trial and helps both sides understand the other's case.
"Your examination for discovery is next Thursday — your lawyer will prepare you beforehand."
A court hearing where only one party appears, without notice to the other side. In family law this is rare and usually only granted in urgent situations, like where there's a safety risk.
"She obtained an emergency protection order ex parte — he wasn't notified in advance."
A meeting with a judge to narrow issues before trial
A less formal session with a judge (or a judicial officer) to discuss settlement possibilities, clarify the issues in dispute, and encourage resolution without a full trial. Judges can give non-binding opinions on likely outcomes.
"The family conference helped us settle the support issue without going to trial."
The act of delivering legal documents to the court registry, which stamps them and makes them part of the official court record. Many documents must be filed before they're legally valid.
"Your lawyer filed the notice of family claim at the registry this morning."
Taking money directly from someone's wages or bank account
A legal mechanism to collect unpaid support or judgment amounts by directing an employer or bank to redirect funds to the person owed money. In BC, the Family Maintenance Enforcement Program (FMEP) can garnish wages for unpaid support.
"Because he wasn't paying, FMEP arranged a garnishment of his wages."
The legal right and responsibility to raise a child
In BC under the Family Law Act, guardianship means having parental responsibilities — making decisions about the child's education, health, religion, and daily care. Both parents are usually guardians. Being a guardian is separate from how much time you spend with the child.
"Both parents remain guardians — we're just sorting out the parenting schedule."
A short-term order made to deal with urgent matters while the full case works its way through the court process. Common examples: interim child support, interim parenting arrangements, or an interim order to stay in the family home.
"The judge made an interim order for $1,200 per month child support until the trial."
In legal terms, an 'issue' is a specific matter the court needs to resolve — not a general grievance. Identifying the real issues early helps focus the case and often reduces costs.
"The only issue we still have is property division — everything else is settled."
The court's formal ruling on a matter. A judgment is binding and enforceable. In family law, orders about children, support, and property are usually called 'orders' rather than judgments, but the effect is the same.
"The judgment was issued last week — it sets out who gets what."
When a party needs to do something that normally requires the court's approval first — like filing a late document, amending a claim, or bringing a certain type of application — they must ask for 'leave.' The judge grants or refuses it.
"We'll apply for leave to file the additional evidence before the hearing."
The legal time limit within which you must start a court proceeding. Miss it, and you may lose your right to claim forever. In BC the general limitation period is 2 years from when you knew or should have known about the claim.