How to prepare before your case
Understand the legal process
It is vital to receive legal advice so that you can understand the legal framework underpinning the hearing, whether relating to your divorce, a division of finances or arrangements for the children. Even if you decide to act in person or go to a barrister directly, it is worth having, at the very minimum, an hour or two with a solicitor to talk through the format the hearing will take so that you understand what that hearing can cover and how the Judge will approach it. You can also seek guidance from sources such as www.gov.uk, but professional help can really help to clarify your role in all of this.
Preparing documents
It will be necessary to have some documents (called “pleadings“) for the court, and at the very least a short note for the judge explaining what the case is about and your position in relation to the issues being decided. This is where solicitors and barristers can be enormously valuable to take the pressure off you in preparing these documents, as they can do so in a way that the court will understand, presenting your case in the best possible manner. You will need to give them your instructions on the key points and issues, and they can take you through what further information is needed from you, as well as dealing with, for example, the bundle that is required for the court hearing, the preparation of cost schedules etc.
It is clearly, therefore, important that you take the time to find a solicitor that you feel comfortable with and who you can trust will present your case in the best possible way but also ease any anxiety that you are feeling.
Will there be mediation or alternative dispute resolution?
Another area that your solicitor can advise on is whether you are required to attend a Mediation Information Assessment Meeting (MIAM). This is often a requirement before issuing financial applications or applications regarding the children, and mediation can help you resolve a dispute without the need for lengthy court proceedings. If mediation (or other forms of alternative dispute resolution) are not appropriate, then you are required to explain to the court why and that you have considered the options, such as arbitration etc. A solicitor can take you through the available routes and help you determine whether they are appropriate for your case.
Your role
You will need know whether the hearing is going to be held in person (at court) or remotely (on screen). If it is the former, then you will have a designated time to go to a certain court, and if the latter, you will be provided with a link by the court to access for the hearing.
It is always sensible, if possible, to agree to meet with your solicitor either outside the court building or at their offices to go to court together, to take away the stress of having to find the right place in time. Even if a hearing is held remotely, you can go to your solicitor’s office to attend it with them in the same room. Alternatively, the link provided by the court will allow you to have a practice run of accessing this yourself, and it is highly recommended that you do so, and not find yourself, five minutes before a hearing, trying to install the necessary software or realising that your laptop does not support it.
It is also going to set your mind at ease to understand from your solicitor whether you will have a “speaking part” or whether you will simply be required to attend and the speaking will be done by your legal team. You also need to prepare yourself for the fact that you will potentially, at some stage, have to see your former spouse or partner in person, which can be unnerving. If you do have a speaking role then your legal team will explain to you how to address the Judge, how to keep your answers calm and concise, and to only speak when it is your turn to do so. In appropriate circumstances (for example, where there has been domestic abuse or where someone is very anxious), it is possible to ask the court for “special measures” so that you have, for example, a different entrance and exit to the court building to avoid the risk of bumping into your ex-spouse, or that there be screens in court so that you do not see them whilst giving your evidence. The court is very sympathetic to such requests, but they need to be made in good time and the details worked out properly.
You will also need to read through the document prepared by your former spouse or partner’s legal team before the hearing, and give your team your thoughts and instructions on this so that they can best present your case. It is not always pleasant to read details of your relationship written down for a third party, but these are vital documents for a Judge to understanding your case and what it is really about.
A good way to get into the right mindset for court is to check how you need to dress and do so appropriately. It is usually necessary to be in formal clothing (although a suit is not vital), to show the court that you are taking this seriously, and respecting the judge and court.
What to expect on the day
You should be clear in advance how long the hearing is due to last for, but also be prepared for the fact that hearings will very often overrun. A case that is listed for half an hour or an hour in front of a judge can frequently end up taking all day, going in and out of court. It is always sensible to block out the whole day in your diary, and make the necessary childcare arrangements accordingly.
Many people will forget to eat beforehand, but you are not going to make your best decisions on an empty stomach. Even if you just have some snacks in your bag, that will help you through the day.
Most courts have a security check on arrival, which is rather like an airport so that any sharp items or glass will be confiscated. Visitors are often caught out by bottles of perfume in their bags, folding scissors etc., and it is best to be prepared for this so that you are not delayed in getting to the actual courtroom. Once you are through security, you will hopefully have time for discussions with your solicitor or barrister, and then once the judge is ready, you will be called into the courtroom.
Looking after your wellbeing
Any sort of proceedings at court can take a toll on your emotional and mental health. It is, therefore, essential to prioritise your self-care and seek support from family, friends or professional counsellors. In some instances, it is possible to have someone come to court with you, even though they cannot come into the courtroom itself, so that you have a familiar face there, and there are therapy and support groups for those going through this process, which can also provide guidance and emotional relief during this difficult time.
How we can help
At Payne Hicks Beach, we offer expert legal representation and personal guidance for individuals navigating the Family Courts. Our experienced family solicitors provide strategic advice, ensuring that you are fully prepared for your court hearing, whether you require assistance with legal documentation, mediation, or courtroom advocacy. We are always committed to securing the best possible outcome for you and your family.
For further information, please contact Charlotte Skea-Strachan, Legal Director in the Family Department or, alternatively, telephone on 020 7465 4300.
To learn more about divorce, separation and family law, visit our dedicated webpage and download a free copy of our Essential Guide to Divorce and Family Law here.
To learn more about Prenups and Postnups, you can download a free copy of our Essential Guide to Prenuptial and Postnuptial Agreements here.
To access our dedicated webpage with free Essential Resources for Supporting and Protecting Vulnerable Clients here.
To learn more about Modern Family Law visit our dedicated webpage and download a free copy of our Essential Guide to Modern Family here.
