Court Submissions/Speeches
As soon as the evidence is finished you get a chance to say your submissions. Typing or writing this out (legibly), and handing it in to the court clerk before the hearing and your opponent, is a very good idea if you are going to court without a lawyer.
If your case is about money you could address each of the section 25 points which are:
First, not paramount consideration is Welfare of Children
Income, earning capacity, property and financial resources
Financial needs, obligations and responsibilities
Standard of living pre-breakdown
Ages and duration of marriage
Physical or mental disability of parents or children
Contributions made or likely to make to the welfare of the family, including looking after home/children, including future contributions
Conduct if inequitable to disregard it including financial conduct
Prenuptial, or postnuptual agreement
Cohabitation
Loss of benefit by reason of divorce e.g. pension rights
Financial needs of child
Income, earning capacity (including any increase it is reasonable to expect) and financial resources of children
Manner of education and training
You could say to the judge which you think the most important.
If your case is about claiming a lump sum state clearly why you need the money and how practical and fair it would be for your ex to raise the money. You can point to his or her lifestyle post separation.
One useful approach is the coloured pin on a map.
Look at your ex’s credit card you may see taxis being taken to his now girlfriend, flowers bought, champagne perhaps, going out to dinner, and then a nightclub, and then back to her place.
Coldly and especially analyse this and add up the cost. It is amazing how much will have spent perhaps by 10pm.
District judges do not earn that much. Putting coloured pins to plot the route across nightclubs and Central London restaurants is an extremely effective way of demonstrating he has money to spare.
If it is about children you could try to address each of the points in the welfare checklist.
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- his physical, emotional and educational needs
- the likely effect of any change in his circumstances
- his age, sex, background and any characteristics of his which the court considers relevant
- any harm which he has suffered or is at risk of suffering
- how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
- the range of powers available to the court under this Act in the proceedings in question.
1. Wishes and Feelings of the child concerned
When making a decision regarding a child the courts will consider the wishes and feelings of the child with consideration given to the age and level of understanding of the concerned child.
The Courts will take into consideration whether or not a child’s wishes and feelings are their own or whether there could have been outside factors that may have influenced their decisions. There may also be a conflict of opinion between the parents/Guardians views and that of the child, in these circumstances as long as the child is of an understanding age and mature enough to make their own decisions.
2. The child’s physical, emotional and educational needs
The courts will consider who is in the best position to cater for the child’s emotional, physical and educational needs. The courts try in most cases to uphold the natural parents’ presumption that a child should stay with their natural parents in circumstances where all parties evolved could provide equal care.
3. The Likely effect on the child due to changing circumstances
The courts will try in all circumstances to issue an order that has the least impact or effect on a child’s life where a decision of changed could cause more harm than good.
4. Child’s age, sex, background and any other relevant characteristics
The court may consider issues such as religion and culture when making a decision. They may also take the parents/ guardians hobbies and lifestyle choices into account if they feel this will impact the child’s life now or in the future.
5. Any harm which the child may or could suffer
The courts will look at any previous harm possible suffered, if there is a risk of harm in the future and the whether the harm is severe or significant and likely to cause distress and impairment of health and development.
6. Capability of parents to meet the child’s needs
Under these criteria the courts will consider how able the parents/guardians are for caring for their child; this will include scenarios where the child may suffer an illness or where a guardian’s lifestyle choice may have an impact on the needs of the child.
7. The Range of powers available to the courts
The courts will have to consider all orders available for them to issue before making a decision; this will include orders such as residence, care, contact orders etc.
You could again tell the judge which points you feel are most important in the case.
Assume you are advising your opponent. What are the weaknesses in your case?
Do not try to dodge them because the other side your ex or the judge will. Meet them head on.
If you are fighting for the children to live with you, tell the judge how you are going to deal with accommodation, sleeping arrangements, nappies health and safety, car seats etc.
Above all get some expert help early.
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