The Language Of Family Law

• Published date: 31 March 2021
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Fletcher Day
• Author: Emma Nash

Words can be tricky, especially when it comes to legal matters, which is why our Family Partner Emma Nash demystifies some of the language used in Family Law.

Why are the words important?

As society and the law evolves, so the language we use in law does too. A term or phrase once used in family law several years ago, may no longer be relevant or appropriate today.

The way in which we interpret and attribute meaning to certain words can influence our understanding of the law and the outcome of a specific legal case.

In family law, problems can arise when people's understanding of the words used are incorrect, outdated or are influenced by similar language in other jurisdictions and countries. This can lead to confusion, especially when it comes to the perception of what rights people have in this country, and can cause problems when these issues arise in legal proceedings. Matters can be made worse when these terms are mis-used by the press and media as people rely on that information when making decisions about their own lives.

Getting the language right

Anyone who is faced with the uncertainty around a family law dispute, needs to feel confident that they understand the terminology that is being used and that their legal team is using the correct, most appropriate language. We also need to remember the impact the language used might have...