How a Barrister Helps You Prepare a Position Statement for Family Court

A position statement is one of the most important documents you will prepare for a family court hearing. It sets out your case clearly and concisely for the judge before the hearing begins, and it shapes how the judge approaches the issues in front of them. Preparing a strong position statement is a skill, and having professional support can make a real difference.

What is a position statement

A position statement is a short document setting out your position on the issues that the hearing is going to address. Unlike the full evidence in the case, a position statement is not a detailed narrative. It is a focused summary of what you are asking the court to do and why, written with the purpose of helping the judge understand your case quickly and clearly before the hearing begins.

Most family court judges read position statements before they sit. A well-structured position statement that clearly identifies the issues and your response to them puts you at an advantage from the moment the hearing starts.

What a position statement typically covers

The content of a position statement depends on what the hearing is about. For a First Hearing Dispute Resolution Appointment in financial remedy proceedings, the position statement will typically set out the background, the key assets in dispute, each party's position on the main issues, and what you are asking the judge to consider at the hearing.

For a child arrangements hearing, the position statement will set out the background to the dispute, what arrangements you are proposing, your concerns about the current situation, and what you are asking the court to order. It will also address any specific concerns raised by the other party or any CAFCASS report.

Our family law barristers regularly help clients prepare position statements for all types of family court hearing.

How a barrister helps with a position statement

A barrister who specialises in family law understands exactly what a family court judge wants to see in a position statement. They know how to present the key points clearly, how to frame your position in a way that is both persuasive and proportionate, and how to identify and address the strongest points in the other party's case.

Preparing a position statement with professional support is also an opportunity to think through your case carefully. The process of articulating your position in a clear and structured way often helps clarify what the real issues are and what you are actually trying to achieve at the hearing.

Length and format

Position statements in family courts should be concise. Most judges want to read a document that gets to the point quickly. A position statement that runs to many pages of dense narrative is less likely to have the intended effect than a focused document that clearly identifies the issues and your position on each one.

Courts increasingly issue guidance on the format and length of position statements. A barrister can ensure that your document complies with any applicable guidance and presents your case in the format the court expects.

Using a barrister for hearing preparation more broadly

Position statement preparation is one aspect of hearing preparation. A barrister can also help you understand what the hearing is likely to involve, what questions you may be asked, how to present yourself, what documents you need to have with you, and what the realistic range of outcomes from the hearing might be.

This kind of preparation makes a practical difference to both the experience of the hearing and the likelihood of a good outcome. You can read more about the costs involved in our article on affording a direct access barrister.

If you are ready to take the next step, contact us today and we will be happy to discuss your options.