Legal Aid for divorce was withdrawn in England and Wales on April 1st 2013. If you are divorcing now, or going through any other family law proceedings, chances are you will have to meet your own costs. Hiring a solicitor (and barrister) to represent you in court can cost many £'000's and there is no guarantee you will get all, some or anything on your 'wish list'. Alternatively you can respresent yourself. Many thousands of people are doing this right now, some out of choice, more often because they simply don't have the funds to hire a solicitor and barrister. This can be a daunting prospect as most people have little or no experience of the court system.

 

I found myself facing the same choice when my own marriage ended. I might have been able to juggle things around and raise a few £'000 for some legal advice, but the prospect of wasting so much money, which I always considered would be much better spent on or invested for my children was, in my opinion, immoral. I always looked after the pennies carefully when I was married so that my children did not go without...why would I change that now?

 

I learned a great deal from my own experience as a 'litigant in person'. I spent hundrends of hours trawling the net, reading books,teaching myself family law and the various court procedures for divorce, financial dispute resolution and child arrangements proceedings. To ensure I represented myself as skillfully and as professionally as possible I also undertook training under arguably the best professional 'McKenzie Friend' in the UK.

 

A McKenzie Friend is someone who accompanies a litigant in person in court to provide support, take notes, help the litigant find the correct papers and give 'quiet advice.' A McKenzie Friend cannot speak for the litigant unless they have been granted a right of audience with the judge. Whilst a McKenzie friend cannot run your case for you, they can provide crucial help and guidance to you in preparing your case and set out very clearly your options to give you the best possible chance of success.

 

McKenzie Friends arose from the 1970 divorce case of McKenzie v McKenzie. In that case the husband was representing himself and wanted the help of someone who was not legally qualified in the English Courts. His request was refused. However on appeal, it was determined that having moral support in Court was part of being entitled to a fair trial under the European Convention on Human Rights. Any such assistants/supporters are therefore now referred to as 'McKenzie Friends'.