Frequently Asked Questions
Family and Personal Law
Dictionary of Terms to assist you.
Discovery is where you complete an affidavit setting out all the documents and correspondence which you will be using and relying upon in a trial to obtain the relief requested in your pleadings. Several discovery affidavits can be completed in a divorce action as new or updated documents and information is obtained.
These are documents in which the parties either set out what they want from the divorce action and their reasons for that, or reply to what the other party has said about what they want from the divorce action.
A summons is the document which commences the divorce action, and the particulars of claim attached to the summons sets out what you want from the divorce action and why you are entitled to the relief you have requested.
An action is when you take action in instituting legal proceedings. This concludes with a trial where the court hears oral evidence when deciding on the outcome.
An application is a legal process where a particular form of relief is requested and the court makes a final decision based on affidavits and documents, not oral evidence.
This means that an action can have multiple different types of applications brought during the course of the matter which are related to the action.