What happens at a court hearing

Types of hearings

Different hearings serve different purposes:

Directions hearings

Short hearings (15-30 minutes typically) where the judge:

• Checks both parties are ready
• Makes procedural decisions
• Sets timetables for next steps
• Identifies what needs to be done before the next hearing

These are administrative – no decisions are made about the substance of your case.

First Directions Appointment (FDA) – finances

The first hearing in financial remedy proceedings. The judge:

• Reviews the Form E financial statements
• Deals with any disclosure disputes
• Decides what expert evidence is needed (valuations, pension reports)
• Sets a timetable for the case

Financial Dispute Resolution (FDR) – finances

A settlement hearing where:

• Both sides set out their positions
• The judge gives an “indication” of what they think is fair
• You negotiate (with the judge’s view in mind)
• Many cases settle at or after FDR

The judge at FDR cannot hear your case if it goes to final hearing – they’ve heard without-prejudice discussions.

First Hearing Dispute Resolution Appointment (FHDRA) – children

First hearing for children cases where:

• Cafcass has prepared a safeguarding report
• The judge identifies the issues
• Settlement is explored
• Directions are made for next steps

Final hearing

If you can’t reach agreement, a final hearing is where the judge makes decisions. This involves:

• Evidence from both parties
• Possible witnesses
• Cross-examination
• Closing submissions
• The judge’s decision

Final hearings for simple cases might take half a day; complex cases can take several days.

Remote vs in-person hearings

Since 2020, many hearings are held remotely via video (CVP, MS Teams) or telephone.

Video hearings

• You’ll receive a link to join
• Test the link beforehand if possible
• Find a quiet, private location
• Have good lighting and a plain background
• Dress as you would for court
• Have documents to hand
• Mute when not speaking

In-person hearings

• Arrive at least 30 minutes early
• Bring photo ID
• Find the usher and check in
• Security screening at entrance
• Wait to be called into the courtroom

Which type you’ll have

The court decides. Directions hearings are often remote; final hearings are more likely to be in person. You can request a particular format if you have good reasons.

The courtroom

Family court is less formal than criminal court:

• No wigs or gowns
• Smaller rooms, often more like an office
• The judge sits at a raised desk
• Parties sit at tables facing the judge
• There may or may not be a public gallery

Who’ll be there

• The judge (District Judge, Deputy District Judge, or other)
• You and your ex-partner
• Any lawyers
• Court clerk (takes notes)
• Possibly witnesses (for final hearings)
• Sometimes Cafcass officer (children cases)

Addressing the judge

• “Sir” or “Madam” for District Judges
• “Your Honour” for Circuit Judges
• When in doubt, “Sir” or “Madam” is fine

Before the hearing

Read everything

Go through:

• All documents you’ve filed
• All documents the other party has filed
• The court order or notice about the hearing
• Any position statements

Prepare your points

Note down:

• What you want to achieve at this hearing
• Key facts to mention
• Questions you need answered
• What outcome you’re asking for

Organise documents

Have documents organised and easily accessible. Bring:

• Copies of everything filed at court
• The court bundle (if one exists)
• Any orders made so far
• Notes of points you want to make

Practical arrangements

• Know where the court is and how to get there
• Allow plenty of time
• Arrange childcare if needed
• Bring water and any medication you need
• Dress smartly but comfortably

On the day

Arriving

• Check in with the usher
• Tell them you’re a litigant in person (if applicable)
• Find out which courtroom you’re in
• Wait to be called

Before your hearing

You may have to wait – judges have multiple cases. Use this time to:

• Review your notes
• Stay calm
• Use the toilet if needed

The other party or their solicitor might approach you to discuss settlement. You don’t have to talk to them, but it can be useful. Don’t agree to anything you’re not sure about.

During the hearing

• Stand when the judge enters and leaves
• Wait to be invited to sit
• Listen carefully to everything
• Take notes
• Don’t interrupt
• Speak clearly when it’s your turn
• Address the judge, not the other party
• Be respectful, even if frustrated

If you don’t understand

Say “I’m sorry, I don’t understand” or “Could you explain what that means?” This is expected if you’re not a lawyer.

At the end

Make sure you understand:

• What’s been decided
• What you need to do next
• Any deadlines
• When the next hearing is (if applicable)

Ask if anything is unclear before leaving.

After the hearing

The order

You’ll receive a written order setting out what the judge decided. Read it carefully. If you don’t understand it, seek advice.

Complying with orders

Do whatever the order says by the deadlines given. Not complying can have serious consequences.

If you disagree

If you think the judge got it wrong, you may be able to appeal – but there are strict time limits and tests to meet. Get legal advice quickly if you’re considering this.

Managing stress

Court is stressful. Help yourself by:

• Preparing thoroughly (reduces anxiety)
• Getting a good night’s sleep beforehand
• Eating breakfast
• Arriving early
• Bringing someone for support (they usually can’t come into the hearing)
• Focusing on facts, not emotions
• Taking deep breaths
• Remembering it will end

Personal Support Unit

The PSU provides volunteers at many courts who can:

• Help you find your way around
• Sit with you while you wait
• Explain what’s happening
• Provide emotional support

Free and confidential: www.thepsu.org

Special measures

If you’re vulnerable or there’s been domestic abuse, special measures may be available:

• Separate waiting areas
• Screens in court
• Giving evidence by video link
• Preventing direct cross-examination by your ex

Ask the court about special measures well before the hearing.