Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Your Position Statement Explained
(With Template)

 

WHAT IS A POSITION STATEMENT?

Your position statement is an important document so please do not underestimate its importance. However, it is not obligatory to write or have one unless a judge/magistrate asks you provide one before a court hearing. 

Your position statement will be read by the judge/magistrate and your ex-partner/their solicitor and barrister before a court hearing. It is often 1-2 A4 pages long and concisely details your position for a particular court hearing. It argues your viewpoint and makes your stand clear. It tells the court what you want the court to do and why. 

Your position statement should NOT include evidence because the court will already have your witness statement and evidence if you have made an application to the court, or when the judge/magistrate ordered this hearing and asked for you and your partner to send in your witness statements and evidence by certain dates. 

LINK TO OUR L.I.P HELP GUIDE TO YOUR WITNESS STATEMENT 

Your position statement also ensures that important points are not missed during the hearing, especially if the hearing is rushed. If you want to write a position statement before every hearing, please do so. This will help you in the hearing.

WHEN DO YOU SEND IT TO THE COURT?

Your position statement can be sent to the court a few days before the hearing. The latest you should send it to the court is by 11am the day before the hearing. It must also be sent to your ex-partner or their solicitor/barrister. You can send your position statement to the court via email (include your name and case number in the subject line) or by post (signed for recorded delivery) or drop it to the court yourself.

If your hearing is for child matters, then please also send your position statement to the Cafcass officer.

You should also take 3-4 copies of your position statement with you to the court on the day of your court hearing. When you arrive at the court, you can hand over a copy to your ex-partner’s barrister or to your ex-partner if they are a litigant in person. You must also hand a copy to the usher dealing with your case to pass onto the judge/magistrate. A court usher makes sure that everyone involved in the court hearing is there and knows what to do. Their job is to also ensure that the courtroom is ready for the hearing and that everything goes smoothly.

CAN YOU WRITE A POSITION STATEMENT FOR EVERY HEARING YOU ATTEND?

You can prepare a position statement for each court hearing you have. 

TIPS FOR YOUR POSITION STATEMENT –

  • Please remember to number your pages.
  • Use A4 single sided white paper.
  • Use a clean looking font such as Arial, Times New Roman and Calibri.
  • The recommended font size is 12.
  • The recommended line spacing is 1.5.
  • The recommended margin space is at least 2.5cm.
  • At the top of the first page, you must put case number, court name, both you and your ex-partner’s names, and the type of hearing it is, and the date and time. Please see sample below.
  • Please mention if you are the applicant or respondent. 
  • If your case is with regards to child arrangements, please mention yours and your ex-partner’s relationship to the child(s).
  • Mention that you are a litigant in person if the court is not already aware.
  • Please remember to number your paragraphs and keep sentences short.
  • Please be concise because your position statement is only 1-2 pages long.
  • Write what you want the court to decide at this hearing. 
  • Write what directions you want the court to make at this hearing. Please be direct and clear here.
  • Write why you have made an application to the court, if this applies to you.
  • Declare if the matter urgent.
  • Mention any domestic violence that the court is not already aware of.
  • Mention any concerns you have.
  • Write what has happened since the last hearing, if there was a last hearing.
  • Mention if there are any documents your ex-partner was supposed to send to you but didn’t.
  • Explain why you have not complied with a court order or court directions if you haven’t. 
  • Mention any court order or court directions your ex-partner has not complied with.
  • Write if you need any further documents from your ex-partner.
  • Ask if you need permission to file and gather more evidence.
  • Avoid being confrontational, emotional, and harsh.
  • Do not write other people’s opinions.
  • Although you do not have to sign your position statement, I suggest you put the wording ‘I believe my position statement above to be truthful’ at the bottom and sign and date your position statement. 

HOW SHOULD YOU REFER TO YOUR EX-PARTNER IN YOUR POSITION STATEMENT?

Normally you should refer to your ex-partner as the applicant or respondent, whichever one they are. We have also seen people refer to their ex-partner by their name. Please try not to refer to your partner as W (wife) or H (husband) as some solicitors firms recommend because we feel it is cold.

YOU CAN USE OUR I AM LIP TEMPLATE 

You will need to produce your own position statement as it is not a government form. 

The team here at I AM L.I.P have produced a position statement template for you to download and fill in. Once you have filled in it you can print a hard copy. Click on the upper right corner of the document below to access it. Once accessed, we recommend you click the ‘Open Original’ button on the upper right corner to download the document on Microsoft Word, or you can download the document on other applications such as Google Docs. The BLACK writing is part of the template document and should not be altered. The RED writing is where you should edit the template document as it is there to guide you on what to include.

PLEASE NOTE – Our team at I AM L.I.P have produced these templates with the focus being to cater to every type of user regardless of their skill set, technical capabilities, literacy comprehension and level of neurodiversity. We understand that when most people are completing these templates, they can be under immense emotional distress due to the difficult process of divorce. Therefore, these templates are here to make the process easier.