Witness Statements In Family Proceedings

It has recently been identified that many witness statements filed in family law proceedings have been prepared in breach of proper professional standards.

To combat this the President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards.

The fundamental requirements of a witness statement

In family law proceedings, the witness statement must be expressed in the first person using the witness’s own words. A witness statement must not:

1. Quote at any length from any document;
2. Seek to argue the case;
3. Take the Court through the documents in the case;
4. Set out a narrative derived from the documents;
5. Express the opinions of the witness; or
6. Use rhetoric.

A witness statement should be factual and state what was seen, heard, or felt by the person writing the statement. As a general rule of thumb, a witness statement should not exceed 15 pages in length.

It is important to remember the other party will see your statement so if the address is confidential then you can state that only the Court knows your address. If you want to keep your address confidential from your ex-partner for example, then do not include the address in the statement.

A witness statement may only set out matters of fact, information, and belief. For example, matters of fact would include past and future facts (i.e. events that have happened and events expected to happen).

The statement must also include a source of any matters of information and belief, for instance, evidence about proposed child arrangements.

Why are witness statements important?

Witness statements are essential documents to provide evidence to support a party’s case that will be used as evidence in Court. Witness statements are crucial in a case and are designed to show it in its strongest light. Therefore, it is paramount to ensure the statement is accurate and comprehensive.

Your statement is an extremely important document as it possibly will be your only opportunity to tell the Judge what your case is about and make it clear so they understand your points and or proposals. It is essential you ‘have your say’ in the proceedings.