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Decree Nisi
A decree nisi or rule nisi () is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should ''not'' take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution ...
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Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the j ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ...
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Decree Absolute Certified Exemplified Court Order Judgment Family Court
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special ...
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Family Law Act 1996
The Family Law Act 1996c 27 is an Act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Causes Act 1973. The main part of the Act, dealing with divorce, was not proceeded with after pilot schemes found that it did not work well. Contents Part I of the Act sets out the philosophical approach to divorce. Part II set out a procedure for divorce which required spouses seeking divorce to attend a preliminary Information Session and to seek mediation as a first step. Part II and related sections of other parts were repealed and partially replaced by section 18 of the Children and Families Act 2014 after they were abandoned in practice in 1999. Part III of the act concerns provision of legal aid for mediation in family law and divorce. Part IV set out the mechanisms and principles related to family homes (in particular Family Law ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Proctor
Proctor (a variant of ''procurator'') is a person who takes charge of, or acts for, another. The title is used in England and some other English-speaking countries in three principal contexts: * In law, a proctor is a historical class of lawyers, and the King's (or Queen's) Proctor is a senior government lawyer. * In religion, a proctor represents the clergy in Church of England dioceses. * In education, proctor is the name of university officials in certain universities. In the United States and some other countries, the word "proctor" is frequently used to describe someone who supervises an examination (i.e. a supervisor or invigilator) or dormitory. Law England A proctor was a legal practitioner in the ecclesiastical and admiralty courts in England. These courts were distinguished from the common law courts and courts of equity because they applied "civil law" derived from Roman law, instead of English common law and equity. Historically, proctors were licensed by the Arc ...
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Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Parties to Marriage and Children of Family # Protection, Custody, etc., of Children # Miscellaneous and Supplemental Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the Supreme Court of the United Kingdom in ''Owens v Owens'', Parliament passed the Divorce, Dissolution and Separation Act 2020, which has removed these conditions. Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, includ ...
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Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in 2021 of 3,107,500 and has a total area of . Wales has over of coastline and is largely mountainous with its higher peaks in the north and central areas, including Snowdon (), its highest summit. The country lies within the Temperateness, north temperate zone and has a changeable, maritime climate. The capital and largest city is Cardiff. Welsh national identity emerged among the Celtic Britons after the Roman withdrawal from Britain in the 5th century, and Wales was formed as a Kingdom of Wales, kingdom under Gruffydd ap Llywelyn in 1055. Wales is regarded as one of the Celtic nations. The Conquest of Wales by Edward I, conquest of Wales by Edward I of England was completed by 1283, th ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. ''Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is f ...
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Foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately ...
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