In order to issue a court application, you will need to confirm that you have attended a mediation information and assessment meeting (MIAM), or have an exemption which means you don’t need to. A Resolution member can talk you through this process.
The court will then issue a formal timetable of next steps. If the court process reaches what is called the final hearing, the court has broad discretion to reach a final decision and make a Court Order, based on what the judge thinks fair.
A Resolution lawyer can support you though the court process to help you reach a fair outcome as quickly and cost effectively as possible, and with the least amount of stress for you and your family.
Who can represent you in court
There are a number of different types of court representation that are available. There are differences between solicitor and legal executives, direct access barristers, and McKenzie Friends. The table below summarises what they can and can’t do for you.
A – Different McKenzie Friends will be able to help in different ways, depending on their background and experience.
B – Your direct access barrister will discuss with you how much they are able to communicate with the other party for you.
C – In some circumstances, the Court can grant a McKenzie Friend the right to conduct litigation for you.
D – You will need the Court’s permission for your McKenzie Friend to attend the hearing with you. They should produce a short CV or summary of their experience.
E – Your solicitor may instruct a barrister to represent you at the hearing. They will discuss this with you before doing so.
F – In some circumstances the Court may grant a McKenzie Friend the right to address the Court on your behalf