Last updated: April 2026
by Jess Knauf, Co-Founder, Family Law Service – 27 April 2026.
Quick Summary
- A Litigant in Person is someone who represents themselves in family court without a solicitor or barrister
- Around 36% of family court cases now involve at least one self-represented party, according to the Ministry of Justice
- You can still get expert help with forms, advice, and court preparation on a fixed-fee basis without paying for full representation
- Judges are used to working with Litigants in Person and will give you a fair hearing if you prepare properly
- Position statements, court bundles, and clear written submissions are the keys to being taken seriously
- Mediation should always be considered first as it is faster, cheaper, and gives you control over the outcome
Litigant in Person
A Litigant in Person is anyone who represents themselves in court without instructing a solicitor or barrister (Family Court Wiki has a reference entry on litigants in person). In family law, this means handling your own paperwork, written submissions, and oral arguments at hearings about divorce finances or children. With the right preparation and targeted legal support, self-representing can be both effective and far more affordable than full legal representation.
Becoming a Litigant in Person can feel daunting, especially if you have never set foot in a courtroom. The good news is that thousands of people do it every year, and many of them get the outcome they were hoping for. The key is knowing what the court expects, where the pitfalls are, and where you can get affordable expert help to plug the gaps.
This guide takes you through everything you need to know about representing yourself in family court, from filing your first form through to standing up at a final hearing. At Family Law Service, we work with Litigants in Person regularly, so we have written this from the practical experience of helping real people get through real hearings. If you want a wider overview of your options first, our guide to affordable divorce legal help is a good place to start.
What is a Litigant in Person?
A Litigant in Person, sometimes shortened to LiP, is any person who conducts legal proceedings on their own behalf without legal representation. The term applies whether you are the applicant (the person bringing the case) or the respondent (the person responding to it).
In family court, this typically means representing yourself in proceedings about:
- Child arrangements: where children live, who they spend time with, and how decisions are made
- Financial remedy proceedings: dividing assets, pensions, and property after divorce
- Consent orders: making a financial agreement legally binding
- Non-molestation and occupation orders: protection from domestic abuse
- Specific issue and prohibited steps orders: decisions about schooling, medical treatment, or relocation
The reasons people choose to represent themselves vary. Cost is the most common factor, with full solicitor representation often running into tens of thousands of pounds. Others self-represent because legal aid is no longer available for most private family cases, or because they simply want to stay in control of their own case.
How Common is Being a Litigant in Person?
Self-representation in family court has become the new normal rather than the exception. The Ministry of Justice’s Family Court Statistics show that in a significant proportion of private family cases, at least one party is now a Litigant in Person, and in many cases both sides are self-represented.
This shift followed the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which removed legal aid from most private family law matters except where domestic abuse is involved. The result is a court system that is genuinely used to dealing with people who do not have lawyers. Judges, ushers, and court staff are familiar with the process and will not penalise you for self-representing, provided you turn up prepared and respectful of the rules.
“We see Litigants in Person get excellent outcomes all the time. The difference between those who do well and those who struggle almost always comes down to preparation. The court does not expect you to know the law inside out, but it does expect you to be organised, focused, and clear about what you are asking for. That is the part we can help with at a fraction of the cost of full representation.”
Jess Knauf, Co-Founder, Family Law Service
Try Mediation Before You Go to Court
Before you commit to becoming a Litigant in Person, please consider mediation. The court will expect you to have attended a Mediation Information and Assessment Meeting (MIAM) before issuing most family applications, and for good reason. Mediation is faster, cheaper, less stressful, and keeps the decisions in your hands rather than a judge’s.
Many cases that look like they need a court hearing actually settle in two or three mediation sessions. Even if it does not resolve everything, mediation often narrows the issues, which can make any later hearing shorter and less expensive.
Mediate UK
Considering Mediation Before Going to Court?
Our sister company Mediate UK can help you reach an agreement without the cost and stress of court. The government’s Family Mediation Voucher Scheme also provides up to £500 towards mediation fees for eligible cases involving children.
The Pros and Cons of Self-Representing
Going into court as a Litigant in Person is a serious decision. It is helpful to weigh up the realities before you commit.
The advantages
- Cost: you avoid solicitor hourly rates which often range from £200 to £400 plus VAT
- Control: you make every decision about how the case is run
- Direct knowledge: nobody knows your family situation better than you do
- Faster decisions: no waiting for a solicitor to call back before you can respond
The challenges
- Procedure: family court has its own rules, deadlines, and forms which can trip up the unprepared
- Emotional load: presenting your own case while you are emotionally invested is hard
- The other side has a lawyer: this can feel intimidating, although judges actively manage this imbalance
- Strategic blind spots: an experienced solicitor spots issues and tactics you may miss
The good news is that most of these challenges have practical solutions, which is exactly what the rest of this guide covers.
How to Prepare as a Litigant in Person
Preparation is everything. A well-prepared Litigant in Person often does better than a poorly briefed barrister. Here is the process broken down.
Step 1: Get the right form completed correctly
Every family case starts with a form. The most common are the C100 for child arrangements, the Form A for financial remedy, and the Form E financial disclosure document. These forms are deceptively long. The way you describe your situation in the application can shape how a judge first sees your case, so it pays to get it right.
Step 2: Read the orders and directions carefully
After every hearing, the court issues directions telling you exactly what to do, when to do it, and what to file. Missing a deadline or misunderstanding a direction can sink an otherwise strong case. If a direction is unclear, ask the court office or seek a one-off legal advice session before the deadline.
Step 3: Build a clear court bundle
A court bundle is a paginated, indexed folder of every document the judge needs. For most family hearings, the bundle should be no more than 350 pages and should include the application, orders, statements, position statement, and any key evidence. Tab everything, paginate it, and bring three copies (one for the judge, one for the other side, one for yourself).
Step 4: Write a strong position statement
A position statement is a short document, usually one to three pages, telling the judge what you are asking for and why. It is read before the hearing and frames the entire discussion. A weak position statement leaves the judge confused; a strong one means you are halfway to your outcome before you have even spoken. We provide tailored financial position statements and position statements for children proceedings on a fixed-fee basis.
Step 5: Practise your submissions out loud
When you stand up in court, you will have a few minutes to make your case. Write out your three main points, then practise saying them. Keep it factual, calm, and short. Judges value clarity over emotion.
Need a Position Statement Before Your Hearing?
Our family law specialists can write a tailored position statement and prepare you for your hearing on a fixed-fee basis, giving you the polished submissions of a barrister at a fraction of the cost.
What to Expect on the Day of Your Hearing
Knowing what is going to happen takes a lot of the fear away. Most family hearings as a Litigant in Person follow a fairly predictable pattern.
Arriving at court
Arrive at least 45 minutes early. Allow time for security, finding the right courtroom, and meeting any duty solicitor or Personal Support Unit volunteer who may be on site. Court ushers are friendly and used to helping self-represented parties find their way around.
Negotiating outside the courtroom
Many cases settle in the corridor before they ever go in front of the judge. The other side or their lawyer may approach you to discuss a compromise. Listen carefully, but do not feel pressured to agree to anything you have not had time to consider. You can always ask to take a few minutes to think.
Inside the courtroom
Family hearings are usually less formal than you might imagine. Most are held in chambers (a meeting room) rather than a wood-panelled courtroom. The judge will sit at the head of a table; you sit on one side, the other party sits on the other. You should:
- Stand up when the judge enters and leaves
- Address a District Judge as “Judge” (or “Sir” or “Madam”); a Circuit Judge is “Your Honour”
- Wait your turn; never interrupt the judge or the other side
- Take notes; you will not remember everything later
- Ask for clarification if you do not understand something — judges are used to explaining
Cross-Examination as a Litigant in Person
At a final hearing, you may need to cross-examine the other party or witnesses. This is the part that most worries Litigants in Person, but a few simple rules carry you through.
Keep your questions short, closed, and one fact at a time. The aim is not to argue with the witness; it is to get them to confirm useful facts and to expose any inconsistencies. Avoid lecturing the witness or making speeches. Save the speech for your closing submissions.
Important: under section 65 of the Domestic Abuse Act 2021, if you are a victim of domestic abuse you cannot be cross-examined directly by your alleged abuser, and vice versa. The court will appoint a qualified legal representative (a Section 31W advocate) to do this on your behalf. If this applies to you, raise it with the court well in advance.
Common Mistakes Litigants in Person Make
After helping hundreds of self-represented parties through the family court process, the same mistakes come up again and again. Avoid these and you are already ahead.
- Treating the hearing like an argument: judges want focused submissions, not a recital of every grievance
- Bringing too much paperwork: an unwieldy bundle frustrates the court; less is more if it is well chosen
- Missing deadlines: late filings can mean evidence is excluded entirely
- Not understanding the law that applies: a brief grasp of the Matrimonial Causes Act 1973 for finances, or the welfare checklist in the Children Act 1989, makes a real difference
- Letting emotion override strategy: hearings are not therapy; stay focused on what you want the order to say
- Refusing to negotiate: most cases settle, and a settlement you helped shape is almost always better than an order imposed on you
Case Study: Sarah’s Financial Hearing
Sarah came to us a fortnight before her First Directions Appointment. Her ex-husband had a barrister; she could not afford one. We completed her Form E review, drafted her financial position statement, and prepared her with a one-hour court prep meeting. On the day, the judge complimented the clarity of her submissions and the case ended up settling at the FDR with a financial settlement well within the bracket she was hoping for. Total cost: under £1,000 instead of the £15,000 her ex-husband paid in legal fees.
Where to Get Affordable Help as a Litigant in Person
Self-representing does not mean going it completely alone. There is a middle ground between full solicitor representation and pure DIY, and it is where most savvy Litigants in Person end up.
- Fixed-fee form completion: have an expert prepare the C100, Form A, or Form E for you
- One-hour legal advice: a focused session on a specific issue with a family lawyer
- Court prep meetings: review of your case history plus a consultation to prepare you for your upcoming hearing
- CAFCASS prep: prepare for your safeguarding interview in children proceedings
- A full case review: A comprehensive case assessment conducted by an experienced McKenzie Friend.
You can also apply for a remission of court fees if you are on a low income or receive certain benefits. The Help with Court Fees scheme can reduce or eliminate the application fee, which is often one of the biggest upfront costs.
McKenzie Friends Explained
A McKenzie Friend is someone who can sit beside you in court, take notes, quietly suggest questions, and offer moral support. They cannot conduct the case for you, address the court, or sign documents on your behalf, unless the judge specifically grants them rights of audience.
A McKenzie Friend can be a friend, family member, or paid lay supporter. The quality varies enormously, so check experience and references before paying anyone. A trained family law adviser preparing your paperwork in advance often delivers more value than a McKenzie Friend on the day, but the two roles can also work well together.
Summary
Becoming a Litigant in Person is a realistic and increasingly common choice in family proceedings. The court system expects to see you, judges are used to helping you, and a thoughtful approach to forms, position statements, court bundles, and oral submissions will get you taken seriously.
The biggest mistake is trying to do everything alone when targeted, fixed-fee help is available for the parts that matter most. With the right preparation, and where possible mediation first, you can achieve a fair outcome without the cost of full solicitor representation.
Frequently Asked Questions
Can I represent myself in family court?
Yes. Anyone can represent themselves in family court as a Litigant in Person. There is no requirement to have a solicitor or barrister. Around a third of family cases involve at least one self-represented party.
How do I address a judge as a Litigant in Person?
In family court, address a District Judge or Magistrate as “Judge”, “Sir”, or “Madam”. Address a Circuit Judge as “Your Honour”. Stand up when the judge enters or leaves the room.
Will the judge treat me unfairly because I do not have a lawyer?
No. Judges have a duty to ensure a fair hearing for all parties and are experienced in helping Litigants in Person understand the process. They will explain procedure, allow extra time where needed, and will step in if the other side’s lawyer is being unfair.
What is a position statement and do I need one?
A position statement is a short written document, usually one to three pages, telling the judge what you are asking for and why. It is filed before the hearing and read by the judge first. As a Litigant in Person, a clear position statement is one of the most powerful tools you have.
Can I bring someone to court with me?
Yes. You can bring a McKenzie Friend to sit beside you, take notes, and offer support. They cannot speak on your behalf without the court’s permission. You can also ask for support from the Personal Support Unit (now Support Through Court) if available at your court.
How much can I save by being a Litigant in Person?
Full solicitor representation in a contested family case typically costs between £10,000 and £30,000, sometimes more. Self-representing with targeted fixed-fee support, such as a position statement and court prep meeting, can bring this down to a few hundred or a couple of thousand pounds in total.
Do I need to attend a MIAM before applying to court?
In most private family cases, yes. Under the Children and Families Act 2014, you must attend a Mediation Information and Assessment Meeting before issuing an application unless an exemption applies, such as domestic abuse or urgency.
Can a Litigant in Person claim costs?
Costs in family proceedings are unusual but possible. Under the Civil Procedure Rules a Litigant in Person can claim a limited hourly rate for the time spent on the case if costs are awarded. In most family cases, however, each party bears their own costs.
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Witness Statements for Family Court Try the tool |
Ready to Take the Next Step?
Whether you need a position statement, a court prep meeting, or a complete case review, our family law experts can support you as a Litigant in Person on a transparent, fixed-fee basis. Get the polished representation of a barrister at a fraction of the cost.