Do I Need a Lawyer?
Deciding whether to use or 'instruct' a lawyer can be stressful and confusing, especially if you're facing the family court process for the first time, are parenting your child(ren) and supporting them through the complex and difficult situation of separation. You might be worried about costs, whether you can represent yourself and your legal rights. Below are some common questions to get you started or you can use our flowchart to help guide you to the next steps.
Our flowchart is designed to help you decide what's right for you, guiding you through your legal needs, confidence levels, practical options and support routes.
Your Story. Your Choice.
Q: Can I represent myself in family court?
A: Yes. In England, you have the legal right to represent yourself as a litigant in person under the Family Procedure Rules 2010. You are entitled to the same fair treatment as someone with a lawyer. As of 31st March 2023, the UK Government confirmed that there were approximately 31,767 unrepresented litigants in the UK.
Q: Can I get free legal help?
A: Possibly. Legal aid has changed since 2012 after the government introduced the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (Schedule 1, Part 1) although it is still available in certain family law cases, particularly where domestic abuse or child protection concerns are involved. You will need to check your eligibility through the governments Legal Aid checker. There are also organisations that provide free legal help, subject to eligibility.
Shortcut to:
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Legal Aid
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Advocate
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CLOCK
Q: Can I have help in court if I don’t have a lawyer?
Yes. You can bring a McKenzie Friend to support you but the court has to approve your McKenzie Friend and you must apply to the court as soon as possible once your application is filed if you want the court to agree to having a McKenzie Friend. They can help with paperwork and offer quiet advice in court but cannot speak on your behalf.
Guidance:
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Courts & Tribunals Judiciary Guidance on McKenzie Friends
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Phoenix Family Law Guide
Q: Do I have to reply to every solicitor’s letter?
A: No. There is no law requiring you to respond immediately, or at all, to every solicitor letter, especially if you feel pressured. However, ignoring correspondence from the court can have consequences and the court has power to issue sanctions against you under the Family Procedure Rules 2010 (Part 4).
If you feel you are being bullied or harassed by your ex partner's solicitor you have the right to complain to the Solicitor Regulation Authority.
Q: Can I get a barrister without using a solicitor?
A: Yes. This is called Public Access or Direct Access, which is governed by the Public Access Scheme, Bar Standards Board Handbook (rC120–rC131). You can instruct a barrister directly for advice or representation but barristers who offer this service can only manage certain aspects of your case e.g. representing you at a hearing, writing court orders with the other party and cross-examining your ex partner or witnesses. They will offer a fixed fee for their services but will not take over your entire case management e.g. writing all letters to the other parties solicitors.
Shortcut to:
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Phoenix Family Law Guide
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Advocate
Hybrid Representation
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UNBUNDLED SERVICES
Asking a solicitor to provide you with 'unbundled services' allows you to choose how and when you receive legal advice. This can be an effective cost saving option if you feel confident to write your position statements but want a solicitor to review your statements, for example. By tailoring your legal support in the areas where you need it most, you can get targeted advice whilst still being in control of your case.
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DIRECT ACCESS
'Direct Access' means you can instruct a barrister without having to pay a solicitor to do this for you. A barrister represents and speaks for you in court, they can draft legal documents with you, but you will need to prepare all of the court documents and speak to the other party yourself. This can be a way to access high-level legal advice and avoid having to speak directly to the judge or other barrister yourself in court.
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MCKENZIE FRIENDS
McKenzie Friends can support you in court, but this is not a legal role. They can sit beside you, take notes, quietly give advice, and help you organise your documents during a hearing. They cannot address the judge, question witnesses, or act as your legal representative. If you do not have a friend or family member who can help you, there are organisations that provide McKenzie Friends for a fee or 'pro bono' (free) basis.