Writing to the other side and to the court in a family case

Writing to the other party or their solicitor

Keep letters and emails short and factual. Put the date and the case number at the top. Say what you are asking for and by when.

Keep to one subject per message where you can. This makes it easier to find later.

If the other party has given an email address as their address for service, the rules treat it as that address. Emails are not automatically a valid way to serve formal court papers. That needs written agreement to accept service by email.

If a court order limits contact between you, follow it. Ask the court how papers should be exchanged if you are unsure. You can keep your own contact details private using Form C8.

Open and without prejudice letters

An open letter can be shown to the judge. A letter marked without prejudice is part of an attempt to settle and is usually kept from the judge deciding the case.

In financial remedy cases, Practice Direction 28A says the court cannot take into account without prejudice offers when deciding costs. It also says that refusing openly to negotiate reasonably and responsibly will generally count as conduct the court can consider.

The rules also require open proposals at set points in financial remedy cases. These include after an FDR that does not settle, and before the final hearing.

Wren Family does not draft offers or say what to propose. If you are thinking about making or accepting an offer, consider getting legal advice.

Emailing the court office

Practice Direction 5B and HMCTS guidance set out how to email the family court.

1. Find the court's email address on the Find a court or tribunal service on GOV.UK. If your case is handled by a national service centre, it will give you the address at the start.
2. Do not use the personal email address of a member of court staff unless the judge has directed it.
3. In the subject line, put the case number, the parties' names (shortened if needed) and the date and time of any hearing.
4. Include your name, phone number and email address in the message.
5. Attach each document as a separate attachment to one email. The whole email must not be over 25MB.
6. If a fee is due, give your payment card details or fee account number.
7. Do not also post a paper copy of something you have emailed.

Copying the other side

Sending a document to the court by email does not replace serving it. HMCTS guidance says you must still follow any rule or order requiring the document to be served on another person.

For example, an application in an existing case must be served on each respondent. It must usually be served at least 7 days before the court deals with it.

Where the rules say a document is filed and served, send it to both the court and the other party.

Asking for reasonable adjustments

HMCTS says you can ask for reasonable adjustments by phone, in person or in writing. Use the contact details on your court letters or the Find a court or tribunal service.

Examples HMCTS gives include breaks during hearings, British Sign Language interpreters, large print forms and hearing enhancement equipment. You need to ask again in each new case.

If you need help to take part in the hearing or give evidence, you can ask the judge for participation directions. These can include screens, a video link or an intermediary. You can ask on your first application form, or later on Form C2 or Form D11.

Chasing a hearing date or a reply

If you are waiting for a hearing date or a decision, write to the court office. Give the case number, the date you last heard and what you are waiting for.

Keep the message short and polite. Copy the other side if the message asks the court to do something in the case.

If something is urgent, say why in the first line.

Keeping a record

Keep a copy of everything you send and receive. Note the date and how it was sent, such as post, email or by hand.

For posted documents, note the date of posting. The rules use this to work out when a document is treated as served.

Keep a simple log of the date, who it went to, what it was and any reply. This helps if you later prepare a chronology or a bundle.

Key dates

1. At least 7 days before the court deals with an applicationServe a copy of the application notice on each respondent, unless a rule sets a different period.Source: r 18.5 ↗ (external source, opens in a new tab); r 18.8(1) ↗ (external source, opens in a new tab)
2. When HMCTS email software records it as receivedAn emailed document is treated as lodged with the court.Source: official page ↗ (external source, opens in a new tab)
3. Second business day after postingA document sent by first class post is treated as served.Source: rule 6.34 ↗ (external source, opens in a new tab)