Giving evidence at a family court final hearing: how it works

How long it takes, and what it would cost

On your own

Several days

With Wren

A couple of hours

Solicitor for each hearing

£740 to £1,4803 to 6 hours

Times and hours are Wren’s estimates for a typical case, not quotes. Solicitor costs are those hours at £247 an hour, the courts’ guideline rate for a solicitor with over four years’ experience, outside London (GOV.UK, Solicitors' guideline hourly rates (in effect from 1 January 2026)). The guideline runs from £200 to £295 an hour outside London depending on experience, firms set their own rates, and VAT is added on top.

Why there is oral evidence

The general rule is that facts which need witness evidence are proved at the final hearing by the witnesses speaking in court.

The court controls the evidence. It can decide which issues need evidence, how that evidence is given, and can limit cross-examination.

This guide describes the format only. It does not say what to ask or what to say.

Oath or affirmation

Before you give evidence, you are asked to take an oath or make an affirmation that your evidence is true.

An oath is religious. An affirmation is not. Anyone who objects to being sworn can affirm instead, and an affirmation has the same force as an oath.

Judicial guidance says witnesses should be offered the choice and should not be pressured into either.

Your statement is your evidence in chief

If a party relies on a witness statement that has been served, that witness is called to give evidence. The statement stands as their evidence in chief, unless the court directs otherwise.

This means you usually do not need to repeat your statement out loud.

You can add to your statement, or talk about new matters, only with the court's permission. The court gives this only for good reason.

Cross-examination

Next, the other party or their lawyer may ask you questions. This is cross-examination.

You can be cross-examined on your whole statement, even parts nobody mentioned earlier.

The judge can limit cross-examination. You can ask for a question to be repeated if you do not understand it, and you can ask for a break.

Questions after cross-examination

In fact-finding hearings about domestic abuse, Practice Direction 12J says the court can take a more inquisitorial approach. Each party may be asked to identify the questions they want put.

When a witness has a lawyer, the lawyer may then ask further questions to clear up points from cross-examination. This is re-examination.

If you do not have a lawyer, judicial guidance says the judge should give you a chance at the end. You can add anything about what was discussed. You should also be asked if you have said everything you need to.

When you cannot question the other party yourself

Part 4B of the Matrimonial and Family Proceedings Act 1984 stops some parties from cross-examining others in person. This is a ban on questioning, not on taking part in the hearing.

The ban is automatic in three situations:

1. A party has been convicted of, cautioned for or charged with a specified offence against the witness, or the other way round.
2. An on-notice protective injunction is in force between the party and the witness.
3. Specified evidence of domestic abuse by the party against the witness, or by the witness against the party, is put before the court.

If the ban applies

Where no automatic ban applies, the court can still make a direction banning questioning in person. It does so if certain conditions about the quality of evidence or significant distress are met.

When a hearing with oral evidence is listed, parties may need to complete form EX740 or form EX741. EX740 is for the person making allegations of abuse. EX741 is for the person accused. The court will say if you must.

If a party is banned, the court first considers whether there is another satisfactory way to question the witness. This does not include the judge asking questions on the party's behalf.

The court must tell the banned party and invite them to arrange a qualified legal representative to do the questioning, by a set date. If they do not, the court appoints one if needed. A court-appointed qualified legal representative is not responsible to that party.

Participation directions and special measures

Part 3A of the Family Procedure Rules is about vulnerable parties and witnesses. The court must consider whether vulnerability is likely to reduce someone's ability to take part, or the quality of their evidence.

Sometimes a party or witness says they are, or may be, a victim of domestic abuse by a party or witness. The court must then assume their participation and evidence are likely to be affected. It must consider whether participation directions are needed.

Measures the court can direct include:

1. Stopping a party or witness from seeing another party or witness, for example with a screen.
2. Giving evidence by live link.
3. Using a device to help communication.
4. An intermediary to help someone take part or be questioned.
5. Other measures set out in Practice Direction 3AA.

How to ask for participation directions

You can ask on the form that starts the case, such as a C100 or Form A.

During a case, you ask using an application notice. In children cases this is form C2. In financial cases it is form D11.

The application should explain why the person would benefit from help, whether the domestic abuse assumption applies, and what measures are asked for.

The court must give reasons in its order for making, or not making, these directions.

Key dates

1. When the court lists a hearing where oral evidence may be givenParties may need to complete form EX740 or EX741 about questioning in person.Source: para 2.2, 2.3 ↗ (external source, opens in a new tab)
2. By the date set in the court's directionsWitness statements for the final hearing are served. A witness whose statement is late may not be allowed to give oral evidence.Source: rule 22.10 ↗ (external source, opens in a new tab)
3. As early as possibleApply for participation directions or special measures, so they can be put in place before the hearing.Source: r 3A.10(1),(3),(4) ↗ (external source, opens in a new tab)