Representing Yourself in Family Court: A Practical Guide for Litigants in Person

Last updated: March 2026

Quick Answer

A litigant in person (LiP) is someone who represents themselves in court without a solicitor or barrister. In 2025, nearly half of all private family law cases involved parties without legal representation. Whilst representing yourself is entirely lawful and increasingly common, it requires thorough preparation, an understanding of court procedure, and the ability to present your case clearly. This guide covers what to expect, how to address the judge, how to present evidence, and practical advice on everything from courtroom etiquette to what to wear.

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Why So Many People Represent Themselves

Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed legal aid from most private family cases, self-representation has become the norm rather than the exception. According to Ministry of Justice statistics, 47% of private family law disposals in Q3 2025 involved neither party having legal representation.

The reasons are straightforward:

Cost. Family solicitors typically charge £200–£350 per hour. A contested child arrangements or financial remedy case can cost £10,000–£30,000 or more. Many people simply cannot afford legal representation.

Limited legal aid. Unless your case involves domestic abuse, forced marriage, or child protection, you are unlikely to qualify for legal aid in private family proceedings.

Personal preference. Some people feel they understand their own situation better than a stranger could, or have had poor experiences with lawyers in the past.

Whatever the reason, the family court system must accommodate self-represented parties — and judges are trained to assist litigants in person with procedure, even though they cannot give legal advice.

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Before You Get to Court

Understanding Your Case

Before your hearing, you need to understand:

• What is being decided. Read the court's directions order carefully. It will tell you what issues the hearing will address and what the judge expects from each party.
• What evidence you need. Gather all relevant documents — statements, reports, letters, photographs, anything that supports your position.
• What the law says. You do not need a law degree, but understanding the basic legal framework helps enormously. For child arrangements, the welfare checklist under section 1 of the Children Act 1989 is essential reading. For finances, the section 25 factors under the Matrimonial Causes Act 1973 are what the judge will apply.

The Welfare Checklist (Children Act 1989, s1)

In any case concerning a child, the judge must consider the welfare checklist. Every argument you make should connect back to at least one of these factors:

1. The ascertainable wishes and feelings of the child (considered in light of their age and understanding)
2. The child's physical, emotional and educational needs
3. The likely effect on the child of any change in circumstances
4. The child's age, sex, background and any relevant characteristics
5. Any harm the child has suffered or is at risk of suffering
6. How capable each parent (or other relevant person) is of meeting the child's needs
7. The range of powers available to the court

Key Legislation and Rules

You do not need to memorise these, but you should know they exist and where to find them. All are available free online at legislation.gov.uk and justice.gov.uk:

Preparing Your Documents

Your documents need to be organised into a court bundle that complies with Practice Direction 27A. This means:

• A paginated, indexed bundle with sections (A through E)
• Continuous page numbering throughout
• An index listing every document with its page numbers
• Documents in the order the court expects

If this sounds daunting, it need not be.

Build your bundle the easy way. BundleCreator.co lets you upload your documents, organise them into PD27A-aligned sections, and automatically generates pagination, indexing, and bookmarks. You focus on the content; the software handles the formatting.

Writing Your Position Statement

For most hearings, you should prepare a short position statement — sometimes called a case summary. This tells the judge:

1. Who you are and your relationship to the case
2. What has happened so far (briefly)
3. What you are asking the court to do
4. Why you believe that outcome is appropriate

Keep it short. Two to three pages is usually sufficient. Judges appreciate conciseness.

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What to Wear

Family court is not as formal as you might imagine, but you should dress respectfully. Think smart but not uncomfortable.

Appropriate

• Smart casual clothing — trousers or a skirt with a collared shirt or blouse
• A suit is fine but not required
• Clean, neat appearance
• Comfortable shoes (you may be waiting for hours)

Avoid

• Jeans with rips or heavy distressing
• Clothing with offensive slogans or images
• Hats or caps (remove them in the courtroom)
• Excessively casual beachwear or sportswear
• Strong perfume or aftershave (courtrooms are small)

The judge will not decide your case based on what you are wearing, but first impressions matter, and looking presentable shows you take the proceedings seriously.

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Court Etiquette: What to Do and What Not to Do

Addressing the Judge

How you address the judge depends on their level:

If you are unsure, "Sir" or "Madam" is always acceptable and no judge will take offence at being addressed that way.

Standing and Sitting

• Stand when the judge enters and leaves the courtroom
• Stand when you are speaking to the judge
• Sit when someone else is speaking
• Stand when giving your evidence from the witness box

General Courtroom Rules

• Arrive early. Aim to be at court at least 30 minutes before your hearing time. You may need to find the right courtroom, go through security, and speak to an usher.
• Turn off your phone. Not on silent — off. A ringing phone in a courtroom is deeply unwelcome.
• Do not eat or drink. Water is usually permitted, but food and other drinks are not.
• Do not interrupt. Wait until the judge or the other party has finished speaking before you respond. If you disagree with something, make a note and address it when it is your turn.
• Be polite to everyone. This includes the other party, their solicitor, court staff, and security. Judges notice how people behave outside the courtroom as well as inside it.

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Presenting Your Evidence

How Evidence Works in Family Court

Family court proceedings are less formal than criminal trials, but the basic principles of evidence still apply:

Documents. Any document you want the judge to consider must be in the bundle. You cannot produce a surprise document on the day of the hearing without the judge's permission, and that permission is rarely given.

Witness statements. Your evidence is given primarily through your witness statement. At the hearing, you will usually be asked to confirm that your statement is true, and then the other party (or their solicitor) will ask you questions about it.

Oral evidence. The judge may ask you questions directly. Answer honestly and directly. If you do not know the answer, say so — guessing is worse than admitting uncertainty.

Tips for Giving Evidence

• Listen to the question. Answer the question that was actually asked, not the question you wish had been asked.
• Keep answers short. Long, rambling answers lose the judge's attention and make it harder to follow your case.
• Stay calm. Family cases are emotionally charged, but losing your temper in court will harm your case. If you feel overwhelmed, it is perfectly acceptable to ask for a short break.
• Do not argue with the judge. If the judge makes a comment you disagree with, you can respectfully explain your position, but arguing or being confrontational will not help.
• Refer to page numbers. When mentioning a document, direct the judge to the specific page in the bundle. Say "If you turn to page 47 of the bundle..." — this is far more effective than "There's a letter somewhere..."

Make page references easy. When your bundle is prepared with BundleCreator.co, every document has a clear page number that matches the hyperlinked index. You can refer the judge to specific pages with confidence.

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Cross-Examination

If you are a litigant in person, you may need to cross-examine the other party's witnesses — or the other party may need to cross-examine you.

What Is Cross-Examination?

Cross-examination is when you ask questions of the other party (or their witnesses) about their evidence. The purpose is to challenge evidence you disagree with and to put your version of events to the witness.

How to Cross-Examine Effectively

1. Prepare your questions in advance. Write them down. You will be nervous, and having a list prevents you from forgetting important points.
2. Ask specific questions. "You said in your statement that X happened on 15 January — is that correct?" is far more effective than "Tell me about what happened."
3. Do not make speeches. Cross-examination is about asking questions, not giving evidence. Save your arguments for your closing submissions.
4. Challenge the evidence, not the person. "Your recollection of that meeting is different from mine" is better than "You're a liar."
5. Know when to stop. If you have made your point, move on. Repeating the same question in different ways irritates judges.

Important Restrictions

Under section 31R of the Matrimonial and Family Proceedings Act 1984 (as amended), in cases involving allegations of domestic abuse, the alleged perpetrator cannot personally cross-examine the alleged victim, and vice versa. The court will appoint a qualified legal representative to conduct the cross-examination instead.

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Getting Help Without Full Representation

You do not have to choose between full legal representation and no help at all. Several options exist:

Direct Access Barristers

You can instruct a barrister directly (without going through a solicitor) for specific tasks — drafting a witness statement, preparing a skeleton argument, or representing you at a single hearing. This is cheaper than instructing a solicitor for the entire case.

McKenzie Friends

A McKenzie Friend is someone who sits beside you in court and provides quiet support — taking notes, suggesting questions, and helping you organise your papers. They cannot speak on your behalf unless the judge gives permission (which is rare). McKenzie Friends may be free (a supportive relative or friend) or paid professionals.

Citizens Advice and Support Organisations

Organisations such as Citizens Advice, the Personal Support Unit (PSU), and various legal charities offer free guidance to litigants in person. They cannot represent you in court, but they can help you understand the process and prepare your documents.

Unbundled Legal Services

Some solicitors offer "unbundled" or "pay as you go" services — they help with a specific aspect of your case (reviewing your bundle, advising on your position statement) without taking on the whole case. This gives you professional input at a fraction of the cost.

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The Hearing Itself: What to Expect

Before You Are Called

When you arrive at court, find the usher and let them know you are present. They will tell you which courtroom your case is listed in. You may have to wait — family courts frequently run behind schedule.

If the other party has a solicitor, that solicitor may approach you to discuss the case. You are not obliged to agree to anything, and you should not feel pressured. If they propose something you are unsure about, ask for time to consider it.

In the Courtroom

The judge will usually begin by identifying the parties and the issues for the hearing. They may ask if there is any agreement between the parties.

You will then have the opportunity to present your case. In most family hearings, this involves:

1. Opening remarks — briefly setting out what you are asking for
2. Evidence — confirming your witness statement and answering questions
3. Cross-examination — questioning the other party about their evidence
4. Closing submissions — summarising your case and why the court should make the order you seek

After the Hearing

The judge will either give a decision at the end of the hearing or "reserve" judgement and give the decision in writing at a later date. If orders are made, make sure you receive a copy. Read the order carefully and comply with its terms — non-compliance with a court order is a serious matter.

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Practical Checklist for Your Hearing Day

• Court bundle — printed and/or electronic, depending on the court's requirements
• Spare copy of the bundle for the witness box
• Notebook and pen for taking notes
• List of questions for cross-examination
• Position statement (if not already filed)
• Any orders or directions from previous hearings
• Form of order (a draft of the order you are asking the court to make)
• Identification (photo ID in case security asks)
• Phone charger (in case of a long wait — but turn the phone off in court)
• Water and a snack (courthouses have limited catering)
• Change for parking or a pre-booked parking space

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How BundleCreator.co Supports Litigants in Person

When you do not have a solicitor, preparing your court bundle is one of the most practical things you can get right. A well-organised bundle tells the judge you have taken the proceedings seriously and makes it easier for everyone to follow the evidence.

BundleCreator.co was designed with litigants in person in mind:

• Pre-loaded templates for position statements, case summaries, and chronologies — so you are not starting from a blank page
• PD27A-aligned formatting built in — pagination, indexing, and section tabs handled automatically
• Drag-and-drop organisation — upload your documents, arrange them into sections, and see the result instantly
• Affordable pricing — a fraction of what a solicitor would charge to prepare the same bundle

You have enough to worry about when representing yourself in court. Let the software handle the bundle formatting.

Get started with BundleCreator.co

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Free Support and Guidance for Litigants in Person

You do not have to figure everything out alone. Several organisations offer free help:

Mediation is also worth considering before or alongside court proceedings. According to the Ministry of Justice, around 74% of mediated family cases reach full or partial agreement — often faster and cheaper than a contested hearing.

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Frequently Asked Questions

Can I represent myself in family court?

Yes. You have an absolute right to represent yourself in family court proceedings in England and Wales. The court is required to accommodate litigants in person, and judges will explain procedural steps to you during the hearing.

Will the judge treat me differently because I do not have a lawyer?

Judges should be — and generally are — patient and helpful with litigants in person. They will explain procedure, allow extra time, and ensure you understand what is happening. However, they cannot give you legal advice or tell you what arguments to make.

Can I bring someone with me to court?

Yes. You can bring a McKenzie Friend to sit beside you, take notes, and offer quiet advice. They cannot speak on your behalf unless the judge gives permission. You can also have family members or friends present in the public gallery, though family courts sometimes sit in private.

What if I cannot afford to prepare a proper bundle?

Preparing a court bundle does not have to be expensive. You can do it yourself using free tools, or use affordable software like BundleCreator.co to automate the formatting. The key is organisation — even a manually prepared bundle is acceptable if it is clearly indexed and paginated.

What happens if I get emotional in court?

It is completely normal to feel emotional in family court proceedings. If you need a moment, ask the judge for a short break. Judges deal with emotional cases every day and will usually accommodate a reasonable request.

Should I accept a settlement offer from the other party?

That depends entirely on your circumstances. Consider whether the offer meets your key needs and whether you could achieve a better outcome at a final hearing. If you are unsure, ask for time to consider it — you are not required to accept or reject an offer on the spot.

Can I appeal if I disagree with the judge's decision?

Yes, but appeals are limited to situations where the judge made a legal error or the decision was plainly wrong. You usually need permission to appeal, and the deadline is 21 days from the date of the order. If you are considering an appeal, seek legal advice promptly.

What if the other party's solicitor is aggressive or intimidating?

If a solicitor behaves inappropriately, you can raise it with the judge. Solicitors are bound by professional conduct rules, and most are courteous to litigants in person. If you feel pressured outside the courtroom, you can decline to discuss the case without the judge present.

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This article provides general information about self-representation in family court proceedings in England and Wales. It is not legal advice. For guidance specific to your situation, consider consulting a qualified family law solicitor, even for an initial consultation.