A how to guide on how to prepare and submit a position statement, which you are required to do as part of Financial Remedy proceedings, written by Wikivorce.
Introduction
A position statement is a written statement setting out your case and position to the court. A position statement is to give the judge an understanding of the dispute and an indication of what you would like the court to do in order to resolve it.
A position statement is short, usually only 1 or 2 pages, (if the chronology is included than it will usually be 4 pages long) the position statement helps you explain your position to both the court and the other party and give the judge a general idea of where you stand so they can focus on what is actually an issue between you and your ex. You can prepare multiple postion statements for each court hearing you need to attend.
The position statement should include things such as -
- What outcome you'd like to get to.
- Relationship to the other party.
- Why you have applied to court, e.g. you have tried to work things out between yourselves and have been unable to.
- Is there any urgent matters to be dealt with ?
- Whether you are opposed in principle to the order the other party is seeking
- What order(s) you are seeking
It isnt normally required to write a position statement unless you have been ordered to do so.
Who is required to submit a position statement
Both the applicant and respondent are required to fill in and submit a position statement.
When is the position statement due
The position statement is due 1 day BEFORE the first appointment.
Costs
You should not incur any costs when filling in a position statement.
Click here to download a template position statement
Position statement
Document Type: Microsoft word
How to fill out your position statement
When filling out your position statement remember to paginate (number) your pages 1, 2, 3 ect, do not use Roman Numerals. Number your paragraphs also and use Times New Roman font and use double spacing, and do not make pages double sided. Keep your paragraphs short and make sure to stick to the point, rather than writing lots of long paragraphs.
You need to keep your position statement short, simple and what you write must be fair and accurate. Do not lie on your position statement. Remember to keep your wording clear and professional as this will be seen by the judge. Keep in mind what it actually is you wish to achieve at the first appointment when writing and making your points.
At the start of the statement you will need to give your full name (including middle names), address and if you are an applicant or the respondent. You will also need to give your case number and what family court your case is being heard at.
Background - The first paragraph should give some information about the background of you and your ex, and any children you may have.
This will include things such as -
- Employment
- Where/who they live with
- What date did you marry
- When did you separate
- The date of the divorce petition
- The date of the form A
- If applicable, the date of the decree nisi and decree absolute
- Information on any children, names, dates of birth, who they live with, addresses.
Income - Your next paragraph should be about your income and how you make it.
You will need to include things such as -
- Your income on a monthly AND yearly basis is
- Net pay
- Any benefits you receive
- Child maintenance if applicable
- Any other income you receive, such as you sell things online, you are being supported by a family member ect.
Earning capacity - This paragraph is for those who not working or not working full hours, this is to show the court how much money you can earn in the future. For this you will need to look at jobsites (such as indeed) to find jobs you qualify for and see how much money you could earn.
Property - In this paragraph you will need to give information on any property you own as well as any mortgage payments, if you rent you will need to write down how much the rent is each month.
You will need to include information such as -
- Addresses of any property owned
- Whose name the property is in (is it jointly owned or is it in your sole name)
- What your interest in the property is
- Who lives in the property currently
- how much your mortgage payments are
- Who pays the mortgage
Financial resources - Your financial resources paragraph should give a short summary of your financial resources. Your financial resources are things like any bank accounts/saving accounts, any other savings, pensions (cash equivalent figure, any money held over £500 and any assets you have over £500. Make sure your figures are up to date and accurate.
Financial obligations - In this paragraph you will need to give information on any financial obligations you have, things such as loans, debts, or credit cards. You will need to state how much you owe and how much you pay a month towards these debts.
Financial needs - For this paragraph you will need to state what your financial needs are. This should be information on how much income you need and your housing needs. Housing needs should include things such as how many bedrooms you need, what area you need the house in (E.g close to schools, work), if you have any special requirements needed such as disability access.
Income needs - In this paragraph, you will need to list your income needs, you may have already done this in form E and its fine to use the same ones. Your income needs will also include any children that you provide for.
To see a detailed list of income needs, click here.
How to submit your position statement
To submit your position statement, you will need to file it with the court handling your case at least 1 day BEFORE the first appointment, you will also need to send a copy to your ex.
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