What a position statement is in financial remedy proceedings in England and Wales, what it needs to include, and how to write one if you don't have a solicitor.
A position statement is a short written document you file with the court before a financial hearing, setting out your position on the key issues in the case. It tells the judge who you are, where the case has got to, what you are asking for, and in brief terms why. It is not a witness statement and it is not a submission of detailed legal argument. It is a structured summary of your case that helps the judge get up to speed quickly before the hearing begins.
Position statements are most commonly required before:
Whether a position statement is required, how long it should be, and when it must be filed are usually set out in the directions made at the previous hearing. Check those directions carefully. Courts will sometimes specify a page limit, often three to five pages for an FDR position statement.
A position statement for a financial hearing typically covers:
Factual and measured. A position statement is not an opportunity to list grievances, describe your spouse's failings, or make emotional arguments. Courts give position statements very little weight when they contain personal attacks or lengthy factual disputes that aren't directly relevant to the financial outcome. Stick to the financial issues. If conduct is genuinely in issue in your case, which it rarely is, it should be mentioned briefly and specifically, not at length.
Several common mistakes make position statements less effective rather than more:
It doesn't need to follow a rigid format, but it should be clearly organised with headings. Courts are used to reading self-represented position statements and apply some allowance for format. What matters is that the judge can quickly understand: who you are, what the case is about, what you want, and why that's fair. If your document achieves those four things clearly, the format is adequate.
Yes. Position statements are typically exchanged between the parties at the same time they're filed with the court, usually a set number of days before the hearing as specified in the court's directions. You should not serve yours first and then receive theirs, or vice versa, since they're meant to reflect each party's independent position before the hearing.
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Is a position statement the same as a witness statement?
No. A witness statement is sworn evidence, often used at a final hearing to set out factual matters the court needs to determine. A position statement is not sworn, is shorter, and focuses on your case position and the outcome you seek rather than on factual evidence.
What if I don't know what I want the outcome to be?
You need to have thought this through before the FDR or final hearing. The court expects each party to arrive knowing what they want and being able to give a reason for it. If you're uncertain, think through what your needs are: where will you live, what income do you have, what contributions have you made. The position statement should reflect a considered position, not an expression of what you might ideally want in the best-case scenario.
Does my position statement have to be typed?
Courts expect typed documents. A handwritten position statement is unusual and harder to read quickly. Type it, print it clearly, and make sure it's paginated. It doesn't need to follow a rigid format, but it should be clearly organised with headings so the judge can quickly see who you are, what the case is about, and what you want.
What if the other side's position statement contains things I disagree with?
You'll have an opportunity to respond verbally at the hearing, and you can raise factual inaccuracies there. Don't write a counter-position-statement unless the court has specifically directed it. Since position statements are exchanged simultaneously, you won't have seen theirs when writing your own, so responding at the hearing is the normal route.
How formal does the language need to be?
Professional and clear, but you don't need to write in legal language. Courts dealing with self-represented parties understand that not everyone has legal training, and plain, structured English is entirely appropriate. What matters more than formality is keeping it factual and focused on the financial issues, not on grievances about your spouse.
What if I miss the deadline for filing my position statement?
File it as soon as possible after the deadline and inform the other party. Courts generally prefer a late position statement to none at all. If you're significantly late, briefly explain why in a cover note when you file it.
This article provides legal information about the financial remedy process in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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