The short answer is yes you can, but you may not want to go it alone. In this article, we will delve into some of the reasons why you may choose to be represented by a solicitor or barrister and what you need to know if you are a litigant in person.
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What is a litigant in person?
Simply put, if you are representing yourself in your case at the family court i.e., having no legal representation, you are a litigant in person. This means that you would be responsible for preparing your case, making your application, submitting your evidence, and presenting it in court, which in certain cases can include questioning the other party or being questioned by them or their legal representative. If further hearings are listed, you will need to comply with any further court directions before the next hearing, e.g. gathering additional evidence or exchanging further information with the other party.
Why would I need a solicitor?
Family law solicitors are not just experts at representing you in the courtroom; they are well equipped to assist with all manner of disputes and a good family law solicitor will also understand the emotional toll these disputes can take.
Before any case goes to a hearing at court, there is an abundance of preparation to be undertaken. For example, in cases about division of the marital assets, parties must exchange full documentary financial disclosure before the first hearing, which can be quite a large volume of documents!
A family solicitor takes away the stress of preparing these documents, ensuring everything is completed and submitted correctly to guarantee your viewpoint is put forward in the best possible way – this is the first step to ensuring a favourable outcome in the family court.
In many cases where solicitors are involved, the case may not even go to court, as the parties can negotiate via their solicitors and receive advice on the proposals being put by or for them. Negotiating a settlement without the benefit of legal advice could financially prejudice you and it could be difficult, if not impossible, to correct any prejudice later on. Accordingly, prevention is certainly better than cure, in such circumstances.
Where agreements are negotiated and agreed through solicitors, they can then be drawn up in a ‘consent order’ and submitted to the court with supporting evidence so that your agreement can be formally approved by the court without the need for attendance at any confrontational court hearings.
Of course, not all matters can be settled this way, and even with a solicitor some cases will require attendance at court to bring things to a conclusion. If it is necessary to go to court, you may find it quite daunting, particularly in cases where the other party has legal representation, and, in those circumstances, it may be reassuring to know that you have an expert on your side too. Plus, having the benefit of prior negotiation can be a good way to ‘narrow the gap’ between your ideal outcome and the other party’s ideal outcome, which can make the time spent in court far less daunting and draining.
How do I represent myself in family court?
If you do not wish to instruct a solicitor, then you can submit an application to the court yourself as a litigant in person. Many of the forms needed are available on the gov.uk website, as well as contact details for local courts where hearings will take place, such as Norwich County Court. Thereafter, depending on the type of application you have made, you will need to comply with the court directions and deadlines in respect of any hearing dates and evidence that must be submitted.
It is important to consider, however, that if you struggle to present your case effectively, perhaps due a lack of legal knowledge or being unfamiliar with court processes, this could affect the outcome of your case and put you at a disadvantage, particularly where the other party is represented by a legal professional.
You may feel that you are able to represent yourself well and do not need a solicitor to guide you through the process. In fact, many people going through family law disputes have no choice but to represent themselves, with the cutbacks in Legal Aid triggering a significant rise in litigants in person due to the cost of hiring a legal professional.
However, some legal processes are more suited to the litigant in person than others. For example, the process of bringing the marriage to an end, the divorce, can be relatively straightforward, but not always, whereas cases about division of the marital assets or care of the children can be far more complex and, ideally, in such cases, it would be prudent and preferable to have legal representation. Even when the case is not necessarily complex from a legal perspective, attendance at a court hearing can be emotionally challenging and upsetting and having the advantage of legal representation can shield you, so far as possible, from the emotional impact of self-representation.
If you choose to represent yourself in the Family Court, there are a few things to remember. When preparing for court you must adhere to all court deadlines and timeframes. At court you should remain composed and respectful, even when emotions are running high. It may be difficult to stay quiet when the other party or their legal representative says things that you do not agree with, however you should not interrupt the judge or other parties and should instead wait your turn to put your view forward clearly and concisely.
What help is available for litigants in person?
If you feel that you need some encouragement during your family court case, there is the option of a McKenzie Friend. This is a support person who can come with you to hearings and take notes or help explain court procedures. However, a litigation friend is not allowed to speak in court or give legal advice, but having someone at family court with you may make it easier for you. If you do wish to have a McKenzie friend, you will need the judge’s approval and should apply for this at the start of the proceedings.
Where can I get further legal advice?
If you are not minded to instruct a legal professional, but wish to get some advice on your case, there are a number of charities who offer brief telephone sessions for local residents going through legal disputes such as ‘Norfolk Community Law Service’, who we work closely with.
It may also be the case that Citizens Advice can assist you and suggest local resources available to you.
If you want to seek assistance from a solicitor in respect of your family law case, it is important to choose the right solicitor for you, who will support you as much or as little as you need. The Law Society offers a ‘find a solicitor’ service for your local area.
Why choose Family Law Consultancy to help me?
At Family Law Consultancy we only deal with family law matters so we are specialists in this area of law, and we are accredited by The Law Society.
Our experienced family solicitors can give you advice regarding your case in an initial free telephone call or discounted face to face consultation.