Preparing for family court as a litigant in person

By CaseFile

Representing yourself in family court is stressful, but thousands of people do it every year. Whether you cannot afford a solicitor or have chosen to represent yourself, good preparation makes a real difference. Here is what you need to know.

Understand the process

Family court hearings follow a structured process. Before your hearing, make sure you know:

  • What type of hearing it is — is it a first hearing, a directions appointment, or a final hearing? Each has a different purpose and level of formality.
  • What the court expects from you — check any orders or directions the court has already made. They will tell you what documents to file and by when.
  • What the other side has filed — read their statements and evidence carefully so you are not caught off guard.

If you are unsure about any of this, the court office can often point you in the right direction, though they cannot give legal advice.

Prepare your documents

Having your paperwork in order is one of the most important things you can do. This means:

  • Court bundle — a single, paginated document containing all the evidence, statements, and orders the court needs. If you have been directed to prepare one, make sure it is indexed and paginated properly.
  • Position statement — a short written summary of your position and what you are asking the court to do. This is usually filed at the start of the hearing and helps the judge understand your case quickly.
  • Chronology — a timeline of key events. Not always required, but often helpful.

Preparing these documents properly shows the court that you are taking the proceedings seriously and makes it easier for the judge to follow your case.

On the day

  • Arrive early — give yourself time to find the right courtroom and settle in.
  • Dress appropriately — you do not need a suit, but dress as you would for a job interview.
  • Address the judge correctly — in family court, you usually say "Sir" or "Madam". In the High Court, "My Lord" or "My Lady".
  • Stay calm and focused — stick to the facts and the issues the court has asked you to address. Avoid personal attacks on the other party.
  • Take notes — write down what the judge says, especially any orders or directions.

Common pitfalls

  • Filing late — missing deadlines can result in your evidence being excluded or the hearing being adjourned.
  • Including irrelevant material — only include documents that are relevant to the issues the court is deciding. A 500-page bundle full of text messages rarely helps.
  • Not following court orders — if the court has directed you to do something, do it. Ignoring directions undermines your credibility.
  • Trying to ambush the other side — courts expect both parties to have seen each other's evidence in advance. Producing surprise documents at a hearing is usually not allowed.

Getting help

Even if you cannot afford full legal representation, there are options:

  • Citizens Advice — free guidance on court procedures
  • Personal Support Unit — volunteers at many courts who can help you on the day
  • McKenzie friends — a lay person who can sit with you in court and take notes (but cannot speak on your behalf without permission)
  • CaseFile — we prepare your court bundle professionally so you can focus on presenting your case

Good preparation will not guarantee the outcome you want, but it gives you the best possible chance of being heard fairly.