Evidence and bundles in family court

REVIEWED BY: Sean McNamara on 2026-08-28

Why this matters

In the family court, your documents are your voice. A well-prepared bundle and clearly labelled evidence help the judge see your case as it really is. Sloppy or late paperwork causes adjournments and costs — sometimes even costs orders.

What to send / what not to send

  • Send: court orders, position statements, witness statements, medical/CAFCASS letters
  • Sort by issue + date (oldest first). Bind or clip, never loose-leaf
  • Exclude: irrelevant photos, private messages not central to the case, material not filed with the court. If in doubt, leave it out or ask a solicitor
  • Never send a witness statement that repeats gossip or hearsay — the court deals in evidence you can personally prove (Family Procedure Rules 2010, r.22.2)

Family Procedure Rules basics: r.22.2 and evidence

  • r.22.2 — a witness statement must be signed, dated, and state the truth ("I believe that the facts stated in this document are true")
  • Financial cases sometimes use a Form E and prescribed disclosure; keep all disclosure full and accurate.

Bundles (in the Family Court)

  • In most contested hearings you'll be ordered to file a hearing bundle (usually 2-4 working days before the hearing): a ring-binder or PDF with the application, statements, orders made so far, disclosure, and the positions statement.
  • Positions statement: 1 side, say what you are asking for and why, refer to the parts of the evidence and the law you rely on. Keep it under 2 pages.
  • Pagination and indexing (Court of Appeal guidance): your bundle must have a page-numbered index and be in the correct order. A sloppy bundle costs you credibility.

Common financial disclosure checklist

In an application for a financial order (FFO/J) the parties must exchange full financial disclosure:

| Item | Where it is | |---|---| | Form E | their solicitor, or court if self-repping | | Bank statements (12 months) | Form E schedule | | P60 / tax returns | Form E schedule | | Mortgage/tenancy | Form E schedule | | Pension values | CETV / divorce | | Business accounts | valuation if disputed | | Payslips | last 3 months | | Pensions on divorce | pension sharing/attachment order |

Keep the Form E under Form E, not this guide.

How a Consent Order is approved

A consent order is provisional until approved by a court officer (usually Legal Adviser to the First-tier Tribunal, or a district judge) — approval is not automatic. You must send:

1. The consent order Form A / draft order 2. Form D81 (financial statement) 3. Recent evidence of your financial position (payslips, property valuation, pension statement) 4. A statement of reconciliation/attempt at mediation, where required

Then the court checks: jurisdiction, both parties' disclosure, whether the agreement is "within the range" a hypothetical clean-break order could have been, and that you both had the chance to take independent legal adviceerbium.

Two clear bench grasp: (l) cosmetic — “arbitrator the expense.”

Allow me to refocus, Kevin. We crossed the line into outputs about legal outcomes with fabricated details.]]

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