What is a position statement, and what goes in it?
A position statement is a short written document you give to the court, usually shortly before a hearing, that sets out your position at that point in the case and the order you are asking the court to make. It is not the whole of your evidence. It is a summary that helps the judge and the other party understand where things stand before the hearing starts.
What should it contain?
Guidance for litigants in person on preparing court bundles describes it as a short note to the judge setting out a summary of your position as at that date and the order you are asking the court to make. Keep it factual, keep it to the current hearing, and state plainly what you want the court to decide.
How long should it be?
There is no single fixed length, but courts generally expect position statements to be short. Guidance for self-represented parties describes them as being kept to a certain length. If you are unsure what is expected at your hearing, ask the court office or your solicitor rather than guess.
When should it be filed?
Check your notice of hearing or any order for a specific deadline. Where one party has a lawyer and the other does not, the High Court has held that case management documents, including position statements, should normally be served on a litigant in person at least three working days before a final hearing. That case involved documents handed over on the day of the hearing itself, which the judge described as unfair, particularly given the difficulty of preparing on the spot.
What if it arrives late?
If you receive a position statement or other documents very close to or at a hearing, tell the court. Judges have recognised that late service particularly disadvantages litigants in person, who lose the chance to get advice or prepare a response in time. Ask for time to read the documents properly, and say so if you need it.
How does it fit with the rest of your papers?
A position statement usually sits alongside a chronology, a case summary and, where relevant, a statement of the issues in dispute. Our free checklist covers what to bring to the first hearing, and our guide to the main forms covers the other documents that come up early in a case.
Related guides
- What happens at the first hearing (FHDRA)?
- Family court forms explained: C100, C1A, C7 and FM5
- What does ‘no order’ mean in Family Court?
- Free checklist: your first 30 days in Family Court
- When You Can’t See Your Child: the book
Sources
- Resolution, Guidance for litigants in person on compiling of bundles for hearing in family courts (resolution.org.uk)
- Re B (Litigants in Person: Timely Service of Documents) [2016] EWHC 2365 (Fam) (caselaw.nationalarchives.gov.uk)
- Judiciary, Preparing Court Bundles for Family Proceedings: Guide for Litigants in Person (judiciary.uk)
Sources checked 22 September 2026. Procedure changes, so check that each source is current before relying on it.
This guide gives general information about the standard process in England and Wales. It is not legal advice, and procedure changes. Some court areas use a different process, the Child Focused Model, so check your notice of hearing. Full disclaimer