The final hearing in family court

What is a final hearing?

A final hearing is the last hearing in your case — the point at which a judge hears evidence from both sides and makes a final decision. If you’ve been unable to agree at earlier hearings, this is where the judge determines the outcome.

Final hearings happen in both financial remedy cases and children cases. The procedures are similar but there are some differences, particularly around the evidence the court considers.

Before the final hearing

The trial bundle

Before a final hearing, someone (usually the applicant or their solicitor) must prepare a trial bundle — an organised file of all the documents the court needs for the hearing. The court will have given directions about what this should contain and who is responsible.

A typical trial bundle contains:

• Statements of case and applications
• All witness statements filed in the proceedings
• Expert reports (Section 7 report, valuation reports etc.)
• Key correspondence and documents
• Previous court orders
• A chronology

The bundle is paginated and indexed so everyone can refer to the same document by page number during the hearing.

Witness statements

Before the final hearing, each party files a witness statement setting out their evidence — their account of events and what they want the court to decide. This is your main opportunity to put your case in writing.

A good witness statement:

• Is factual and specific — dates, events, what was said
• Addresses the key issues in dispute
• Is relevant and proportionate in length
• Does not repeat material already before the court
• Ends with a statement of truth

Position statements

In many cases, parties also file a short position statement immediately before the final hearing, summarising their case and what they’re asking the court to decide.

The hearing itself

The order of proceedings

Final hearings generally follow this structure:

1. Opening — each party (or their barrister/solicitor) briefly sets out their case and what they’re asking for
2. Applicant’s evidence — the applicant gives their evidence (examined by their own legal team if they have one, then cross-examined by the other side)
3. Respondent’s evidence — the respondent gives their evidence in the same way
4. Expert and other witnesses — in children cases, the Cafcass officer usually gives evidence; in financial cases, expert witnesses (valuers, accountants) may give evidence
5. Closing submissions — each party makes their closing argument to the judge
6. Judgment — the judge gives their decision

Giving evidence

You give evidence under oath (or affirmation if you prefer). This is serious — lying in evidence is perjury.

When giving evidence:

• Speak clearly and directly to the judge
• Answer questions fully but concisely
• If you don’t understand a question, say so
• Don’t argue with the person cross-examining you — answer calmly and factually
• Refer to your witness statement if you need to

Cross-examination

The other party (or their legal representative) will cross-examine you — asking questions designed to challenge your evidence. This can feel uncomfortable. Stay calm, take your time, and focus on answering each question honestly.

If you’re representing yourself and the other party has a solicitor or barrister, the court will take this into account. Judges are generally helpful to litigants in person.

The judgment

At the end of the hearing, the judge will usually give judgment — their decision and the reasons for it. In complex cases, the judge may reserve judgment and deliver it at a later date.

The judgment will be followed by a court order setting out what has been decided.

Children final hearings

In children cases, the final hearing involves:

• Evidence from both parents
• Evidence from the Cafcass Family Court Adviser who prepared the Section 7 report
• Possibly evidence from other professionals (teachers, social workers, GP)
• The judge applying the welfare checklist and the welfare principle

The judge’s decision will typically result in a Child Arrangements Order, a Prohibited Steps Order, a Specific Issue Order, or some combination.

Financial remedy final hearings

In financial remedy cases, the final hearing follows the financial remedy process — typically a First Appointment and Financial Dispute Resolution hearing before reaching this stage.

At a financial final hearing:

• Both parties give evidence about their financial positions and needs
• Expert witnesses (valuers, accountants, pension experts) may give evidence
• The judge applies the Section 25 factors under the Matrimonial Causes Act 1973
• The outcome may be a clean break order, a property adjustment order, a pension sharing order, maintenance, or a combination

After the final hearing

The order

You will receive a written court order setting out what the judge decided. Read it carefully. If you don’t understand something, get advice.

Complying with the order

You must comply with the terms of the order, including meeting any deadlines. Not complying is a serious matter — the court has enforcement powers.

If you want to appeal

If you believe the judge made a legal error, you may be able to appeal. You usually need permission to appeal and must act within 21 days of the order being made. The grounds for appeal are limited — disagreeing with how the judge exercised their discretion is not usually enough.

Get legal advice immediately if you are considering an appeal.