Preparing Preliminary Documents for a Family Court Hearing: A Plain English Guide for Litigants in Person
- Duncan Ranton
- Jun 23, 2025
- 12 min read
If you're representing yourself in the Family Court, preparing court documents might feel overwhelming. But one of the most valuable things you can do to help the judge (and yourself) is to prepare clear, well-organised preliminary documents.
These documents are the first thing the judge sees in the hearing bundle. The hearing bundle is the collection of documents the judge and parties will rely on during the hearing, and I’ll be publishing a separate guide shortly to help litigants in person understand how to compile a clear, compliant and effective hearing bundle
The preliminary documents frame the case, identify what the hearing is about, and explain what you're asking the court to do. When done well, they make hearings more efficient and outcomes more predictable. When done poorly - or left out altogether - they can create confusion and undermine your case.
This guide explains the purpose and content of each preliminary document - and how to approach them with clarity and confidence, even if you’re representing yourself
What Are Preliminary Documents?
Preliminary documents sit right at the front of the hearing bundle. They are required by Practice Direction 27A of the Family Procedure Rules 2010, paragraph 4.2. They include:
Each serves a specific purpose. They should be short, focussed and factual. And crucially: they must be in the bundle for every hearing unless the court says otherwise.
Who is Responsible for Preparing the Preliminary Documents?
According to PD27A, responsibility usually falls to the person who is also in charge of preparing the hearing bundle – typically the applicant in the proceedings. The applicant is the person who made the first application which started the court process.
However, if the applicant is a litigant in person then responsibility for the bundle (and the preliminary documents) passes to the first listed respondent who is legally represented. When all parties are self-representing, there is no automatic obligation to prepare the bundle and preliminary documents unless the court specifically directs otherwise.
Even if you're not technically responsible for the bundle, it's good practice to engage with the process, check for accuracy, and cooperate on agreeing the contents of the preliminary documents. You don’t want to turn up to court and discover the judge doesn’t have the information required to deal with your case fairly.
If you're unsure who should take responsibility, consider raising the issue with the other party early or asking the judge at the previous hearing. It's better to clarify than risk a missing bundle on the day.
Logistics of Preparing Your Preliminary Documents
PD27A includes important rules about when your preliminary documents must be prepared, how they should be shared, and whether they need to be agreed with the other side.
You should prepare your preliminary documents in good time before the hearing – at least 48 hours before, to allow for sharing and possible discussion with the other party. Don’t leave it to the last minute.
For final hearings - and, as far as practicable, for other hearings too – there should only be a single version of certain preliminary documents in the bundle (instead of individual versions for each of the parties). Accordingly, the contents of following documents should be agreed wherever possible:
Chronology
Statement of Issues
List of Essential Reading
Time Estimate
But what happens if you and the other party cannot agree on what should be included in those documents? In this situation, the preliminary documents should still be presented as a single file, not two competing versions. Within that shared document, areas of disagreement should be clearly identified, with each party’s position set out side-by-side or in turn where the disagreement occurs.
When drafting a shared preliminary document, start with a clean draft based on what you think is accurate. Circulate it to the other party for comments. If disagreements arise, record them within the relevant section - e.g.,: “The applicant states that the relationship ended in January 2022; the respondent says it ended in November 2021.” Keep the tone neutral and factual, even where positions differ.
This collaborative format helps the court identify the points of contention quickly and avoids wasting time at the hearing.
Always make a good-faith effort to agree documents ahead of time. If agreement isn’t reached, keep a record of your correspondence showing that you tried to cooperate — the judge may want to see who made reasonable efforts.
Timing
All preliminary documents must be lodged with the court (sent or uploaded, depending on whether the case is paper or digital) no later than 11:00 the working day before the hearing (PD27A, rule 6.4). This means, for a hearing on Monday, the court must have the preliminary documents by 11:00 on Friday.
If you're not responsible for preparing the bundle, make sure whoever is (the other party or their solicitor) has a copy of your documents in time to include them.
The Preliminary Documents in Detail: What to Include
Case Summary
What it’s for: A brief overview of what the case is about. Include who’s involved, the main issues, and the purpose of the hearing.
Length: Maximum six A4 pages (see PD27A, para 5.2A.1).
Tips:
Use plain English and avoid legal jargon.
State clearly what stage the case is at (e.g., first hearing, pre-trial review, final hearing).
If you’re unsure about what to include, think of the summary as the key document which will enable the judge to grasp the context quickly, before they then proceed to read the remaining preliminary documents and the hearing bundle.
Statement of Issues
What it’s for: Another short document which outlines the specific questions the court is being asked to resolve at the hearing. It acts like an agenda - helping the judge, and everyone involved, stay focused on the key disputes.
Length: Maximum two A4 pages.
Tips:
List each issue in bullet or numbered form.
Be specific - avoid vague or broad points.
Separate legal questions the court needs to decide (e.g., “Should there be a joint "lives with" order, or should the order be expressed on a "lives with" / "spends time with" basis?) from factual disputes it needs to resolve (e.g., “Was a certain asset a gift or a loan?”).
Tailor it to the type of hearing – a statement of issues for a final hearing will involve more detail than a case management hearing.
Position Statement
What it’s for: This is your opportunity to set out clearly what you're asking the court to do at the upcoming hearing, and why. It provides your position on the key issues, helps the judge understand your case before the hearing begins, and can also serve as your reference during proceedings.
Length: Maximum three A4 pages unless the court allows more.
Tips:
Start with a brief introduction identifying who you are (Applicant or Respondent) and the purpose of the hearing (e.g., first hearing, dispute resolution, final hearing).
Include a clear explanation of your position on each issue the court is being asked to decide - refer back to your Statement of Issues to structure this logically.
Where appropriate, also include a short explanation of any relevant background or developments since the last hearing.
Be sure to end with a summary of what you are asking the court to order (e.g., “I am asking the court to make an order for the child to live with me and have contact with the other parent three weekends per month” or “I ask the court to find that my pension should not be shared as it was accrued prior to the marriage”).
You don’t need to include long sections of law unless specifically required – include that in a skeleton argument if required, and keep the position statement short and accessible.
If you’re responding to another party’s position statement, address the key points rather than repeating everything the other party has written.
Chronology
What it’s for: The chronology is a concise, bullet-pointed timeline of key events relevant to your case. It helps the judge quickly grasp the sequence and context of major milestones in your relationship, family life, and the legal proceedings so far. A well-prepared chronology allows the judge to quickly orient themselves in your case and is particularly helpful in complex or long-running matters.
Length: Maximum ten A4 pages (though most chronologies can be much shorter).
Tips:
Keep entries brief, objective and factual. This is not the place to argue your case or explain context.
Use bullet points in chronological order - from earliest to most recent.
Avoid commentary, opinions, or emotive language (e.g., “He unfairly took the children” might instead be written as “15 March 2023 - Father collected the children and retained them in his care”).
Include:
Personal and relationship milestones - such as when the parties met, started living together, got married or entered a civil partnership, separated, or reconciled.
Birth dates – include all children involved, whether they are biological, adopted, or part of a blended family.
Major family or financial events – e.g., the purchase or sale of a property, significant gifts, inheritances, career changes, or health issues that have affected the family.
Procedural events – the date of any court applications, hearings, directions given by the court, and interim orders made.
Use one line per entry: e.g., “12 June 2015 – Parties married.”
When referring to documents (e.g., applications or orders) which are contained within the hearing bundle, include page number references.
Start early and update your chronology as your case progresses, so you don’t have to recreate it under pressure before each hearing.
Skeleton Argument (if required)
What it’s for: A skeleton argument is a clear, structured summary of the legal points you want the judge to consider, and how the law and the facts support your case. It’s usually only needed in more complex cases or at final hearings, and you should only include one if the court has asked for it or if legal argument is a key part of your case
Length: Maximum 20 A4 pages.
Required? Only in complex or final hearings, or if the judge asks for one. Not normally expected from litigants in person.
Tips:
Begin with a short introduction explaining the purpose of the hearing and your role (e.g., applicant or respondent).
Set out each issue the court needs to decide, and your position on each one.
Refer to any relevant legal principles, rules, or case law (if known) - but only if you understand how they apply.
Identify which documents or evidence support your position.
Be concise and clearly structured - use numbered paragraphs and headings if possible.
If you're unsure whether to prepare a skeleton argument, it's often better to focus on preparing your position statement.
List of Essential Reading
What it’s for: This is a short list of the most important documents the judge should read before the hearing begins, if time permits. Its purpose is to save the court time by directing attention to the documents that are truly central to the issues in dispute.
Length: One A4 page.
Tips:
Focus on clarity and brevity — five to ten key documents is often enough.
Include titles, dates, and bundle page numbers (e.g., “Applicant’s Position Statement – 3 June 2025, pp. B12–B17”).
Prioritise documents that provide a clear summary of the issues or which contain critical evidence.
Avoid listing everything - the aim is to highlight the documents the judge must read to understand the key issues.
Group similar documents together if helpful (e.g., witness statements or medical reports).
Put them in the order in which the judge should read them (usually chronological or thematic).
Time Estimate
What it’s for: This is your realistic assessment of how long the hearing is likely to take, and how the available time will be used. The judge will rely on this (alongside other parties’ estimates) to manage the court timetable, so it’s important to be accurate and reasonable.
Tips:
Be specific – e.g., “1 hour total: 10 minutes for introductions, 15 minutes for submissions, 20 minutes for discussion of evidence, 15 minutes for judge’s questions and summary.”
Factor in breaks if the hearing is over 2 hours. The court usually stops for a lunchbreak between 13:00 and 14:00, and might also take shorter breaks during the course of the day.
Include time for reading - if the judge will need to read documents before hearing argument, allow time for this (e.g., “30 minutes pre-reading time”).
Similarly, include the time the judge will need to prepare and deliver his or her judgment.
Account for time the other party will need - not just your own submissions.
A clear time estimate helps avoid delays and ensures the judge can hear your case properly. If in doubt, it’s better to slightly overestimate than underestimate - but avoid being excessive.
What If You Run Out of Time?
Let’s be realistic - many litigants in person find themselves finalising documents late the night before their hearing. If you’re running out of time, don’t panic. There are still some practical steps you can take to show the court that you’ve made a genuine effort:
Send what you have. Even if your preliminary documents aren’t perfect or fully complete, it’s better to file and serve something than nothing at all. Email your draft versions to the court and the other party as soon as you can — ideally before 16:00 the working day before the hearing.
Print and bring hard copies to court. Courts sometimes experience technical issues or lack immediate access to emails. Having two or three printed copies of your documents (one for you, one for the judge, one for the other party) shows that you’re prepared and can help keep the hearing on track.
Be honest and explain. If your documents are incomplete, don’t try to cover it up. Let the judge know - briefly and respectfully - what you’ve done, why there are gaps, and whether you’ve shared what you have with the other party.
Focus on clarity over perfection. The judge won’t expect professional drafting from someone representing themselves. But they will appreciate clarity, effort, and a respectful tone.
Remember: the Family Court is there to help resolve disputes fairly, not to trip you up on technicalities. Showing that you’ve taken the process seriously, even under pressure, goes a long way.
Five Top Tips
Start early – don’t leave it to the last minute: Preliminary documents should be completed in good time before your hearing. Aim to have your drafts finalised at least 48 hours beforehand, allowing enough time to send them to the other party and deal with any feedback. Waiting until the day before often results in rushed work and missed deadlines.
Tailor your documents to the hearing: Not every hearing requires the same level of detail. For early hearings where the focus is on case management, your documents can be shorter and more concerned with the procedural next steps. For final hearings, the court will expect a complete and carefully prepared set of documents that lay out the case clearly and comprehensively. Check your court order or notice of hearing for specific instructions, and adapt accordingly.
Be clear, concise and neutral: Judges appreciate documents that are clear, objective, and to the point. Avoid emotional language, long narratives, or unnecessary detail. Your aim is to help the court understand the facts, issues, and what you're asking it to do - not to persuade with rhetoric.
Know and meet your deadlines: PD27A says that preliminary documents must be lodged with the court by 11:00 on the working day before the hearing. If you're not the one preparing the full bundle, make sure the person who is (the other party or their solicitor) has your documents in time to include them.
Show your cooperation and preparation: If agreement isn’t reached with the other side, be prepared to show the court that you made a reasonable attempt to cooperate. Save emails or letters showing you sent your drafts and invited feedback. Judges take a dim view of parties who don’t engage constructively, particularly where that results in unnecessary work or delay.
Final Thoughts
Preliminary documents are your chance to shape your hearing before it even begins. They help the judge understand the case, clarify the issues, and engage with your position. And crucially, they’re mandatory unless the court directs otherwise.
Don’t worry if this feels unfamiliar - many people find the process confusing at first. What matters most is that you are honest, organised, and willing to engage with the court process.
Start drafting your preliminary documents early. Don’t leave them until the night before. If you need help preparing them, speak to a solicitor, support organisation, or consider working with a McKenzie Friend.
Worried about preparing for your Family Court hearing? Even if you can’t afford full legal representation, you can still get help preparing your paperwork or getting support at court. I can assist with reviewing or helping draft your preliminary documents – or attend your hearing with you as a McKenzie Friend. Get in touch today to learn more.
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