6 February 2026

Big changes to Family Court preparation from March 2026 – what you need to know

From Monday 2 March 2026, the Family Court is introducing the most significant overhaul of case‑preparation rules in years. A new Practice Direction 27A (PD27A) replaces the old guidance on court bundles and applies across all family proceedings – children cases, financial remedies, and public law alike.

If you are involved in family court proceedings, this matters. These rules affect what documents are prepared, how long they can be, when they must be filed, and what happens if parties get it wrong. For lawyers, PD27A will quickly become a day‑to‑day reference point. For clients, it explains why courts are now insisting on tighter, earlier and more disciplined preparation.

What is changing?

In short: less paper, earlier preparation, and stricter enforcement.

The new PD27A is described by the judiciary as “universal”. It is designed to impose consistency across the Family Court and Family Division, and it carries explicit sanctions for non‑compliance – including hearings being removed from the list and adverse or wasted costs orders.

There is also a small technical change to the appeal rules (FPR r.30.3) coming into force on the same day, but that affects appeal mechanics rather than day‑to‑day case preparation. The real shift is PD27A.

1.Who is responsible for preparing the bundle?

The starting point is simple:

  • The applicant prepares the bundle.
  • If there are cross‑applications, responsibility falls on the party who issued first.
  • If the applicant is a litigant in person and a respondent has a lawyer, the represented respondent must prepare the bundle.

Only in rare cases – where everyone is unrepresented and genuinely unable to compile a bundle – may the court direct HMCTS to do so. Even then, HMCTS‑prepared bundles are treated as an exception, not the norm.

2.Electronic bundles are now the default

PD27A makes clear that, unless there are exceptional circumstances, court bundles should be electronic.

Paper bundles may still be required if:

  • the court directs one for a judge, witness or litigant in person;
  • live evidence is realistically expected and suitable technology is not available.

But the direction of travel is clear: e‑bundles first, paper only if justified.

What can – and cannot – go into a bundle

One of the strongest themes in the new PD is discipline.

Bundles must contain only documents that are relevant and necessary for the specific hearing. PD27A now expressly states that certain materials must not be included unless the court orders otherwise, including:

  • general correspondence and emails;
  • social media messages and voice notes;
  • bank statements and contact notes;
  • foster carer logs and entire social services files;
  • photographs.

This is a cultural shift. The days of “everything just in case” bundles are over.

If a party wants the bundle to be in Welsh, that must be flagged in advance of the first hearing so the court can give directions.

Page limits: shorter, sharper documents

PD27A imposes clear page limits unless the court directs otherwise. Examples include:

  • Case summary: 6 pages
  • Statement of issues: 2 pages
  • Chronology: 10 pages
  • Witness statements: 25 pages
  • Expert reports: 40 pages, including a 4‑page executive summary

Authorities must go in a separate bundle, normally capped at 10 authorities, and head‑noted reports must be used instead of transcripts where available. Hyperlinks are encouraged, particularly where a litigant in person is involved.

3.Position statements and skeleton arguments

Financial remedy cases

In financial remedy proceedings, PD27A now treats “position statements” broadly – they include what lawyers would traditionally call skeleton arguments.

Strict length limits apply depending on the hearing:

  • First appointment: 6 pages
  • Interim hearings: 8 pages
  • FDR: 12 pages
  • Final hearing: 15 pages

Each hearing requires a fresh position statement. These documents must define the issues, cross‑refer to the bundle, and must not introduce new evidence or exhibits. They must also explain what attempts at negotiation or non‑court dispute resolution have taken place.

High Court financial remedy cases remain subject to the separate guidance on the efficient conduct of those hearings.

All other family proceedings

In children and public law cases, position statements should ordinarily not exceed 3 pages. Skeleton arguments remain separate documents where needed. Public law cases must use the standardised templates now mandated by the court.

4.Mandatory preliminary documents

PD27A now prescribes what must be filed before hearings.

Financial remedy cases

The bundle must include, among other things:

  • ES1 – a composite case summary;
  • ES2 – a composite schedule of assets and income;
  • any FM5 (non‑court dispute resolution statement);
  • a composite chronology;
  • each party’s position statement;
  • a list of essential reading;
  • for hearings of two hours or more, a realistic hearing timetable, allowing proper reading and judgment time.

Other proceedings (including children cases)

Required documents include:

  • a (usually agreed) case summary and statement of issues;
  • position statements;
  • any FM5;
  • skeleton arguments where appropriate;
  • an agreed chronology and reading list;
  • a hearing timetable for contested or final hearings.

5.Earlier deadlines: the new default timetable

Unless the court orders otherwise:

  1. Parties must try to agree bundle contents at least 7 working days before the hearing.
  2. The bundle must be filed and served no later than 5 working days before the hearing.
  3. Any outstanding preliminary documents must be filed by 11:00 a.m. on the working day before the hearing.

Once filed, the bundle cannot be changed without permission. If extra documents are allowed, they must be provided separately and the revised bundle re‑filed.

This is a meaningful shift from the old PD27A and requires cases to be organised earlier than many practitioners – and clients – are used to.

6.Technical standards (yes, they matter)

The new PD is unusually detailed about format:

  • PDF e‑bundles only;
  • default 350‑page limit unless permission is granted;
  • proper pagination, indexing and bookmarking;
  • OCR‑enabled text;
  • accessibility‑conscious fonts and spacing;
  • file optimisation to avoid oversized uploads.

Judges will see immediately if these standards are not met.

7.What happens if parties ignore the rules?

PD27A could not be clearer:

“Failure to comply with any part of this practice direction may result in the court removing the case from the list… and may also result in an adverse costs order or a wasted costs order.”

This is not window‑dressing. The court is being given explicit permission to enforce compliance.

8.Why this matters in practice

For clients, PD27A explains why lawyers are now insisting on:

  • tighter document control;
  • earlier drafting and decision‑making;
  • fewer but more focused documents;
  • clearer explanations of settlement efforts.

For practitioners, it marks a shift towards auditable, judge‑facing case preparation, with little tolerance for over‑lawyering or last‑minute chaos.

The message from the court is simple: prepare earlier, prepare better, and keep it proportionate.

If you are involved in family proceedings and would like advice on how these changes affect your case, or what the court will now expect, feel free to get in touch.

30 January 2025

Chaos in the Courtroom: Lessons from T v T & Ors [2025] EWFC 14 (B)

In the world of family law, procedural rules are more than administrative hurdles—they are the backbone of a fair and efficient judicial process. In the recent case of T v T & Ors [2025] EWFC 14 (B), the disregard for these rules reached such a level that the final hearing had to be adjourned entirely. This judgment provides a stark reminder of the perils for parties and their legal representatives when procedural rules are ignored.

The Case That Couldn’t Proceed

The case concerned financial remedy proceedings following the breakdown of a marriage. Initially involving the husband and wife as the main parties, three additional respondents (the husband’s mother, sister, and the executor of his late father’s estate) were later joined due to the wife’s claims over family-owned properties. The case had already spanned nearly two years and included seven directions hearings.

However, when the matter came before the court for a three-day final hearing, it was quickly apparent that the case was not ready to proceed due to a series of procedural failings:

  1. Excessive Bundles: The applicant’s legal team submitted over 2,700 pages of documents, despite clear rules limiting bundles to 350 pages unless permission is granted.
  2. Missing Essential Documents: The bundles lacked a case summary, chronology, and statement of issues, making it impossible for the judge to prepare adequately.
  3. Late Filing: Key documents, including counsel’s position statement, were submitted the night before or on the morning of the hearing, giving the litigants in person no time to respond.
  4. No Open Proposals: The wife’s legal team failed to provide open proposals, a critical requirement in financial remedy cases.
  5. Legal Case Unclear: The wife’s claims over family properties lacked clarity, leaving the court uncertain about the legal basis of her arguments.

Key Lessons for Practitioners

This case offers valuable insights for family lawyers:

  1. Bundles Must Follow the Rules
    • FPR PD 27A limits bundles to 350 pages without prior permission. Here, the applicant’s 2,747-page bundle was a clear breach of this rule. Lawyers must ensure bundles are concise, relevant, and submitted on time.
    • The court cannot and will not sift through excessive paperwork to salvage a poorly prepared case.
  2. Timely Filing Is Critical
  3. Clarify Legal Arguments
    • The wife’s legal arguments, based on constructive trust and proprietary estoppel, were poorly articulated. The court emphasised the need for clear and concise statements of case, as required by the Statement on the Efficient Conduct of Financial Remedy Hearings.
    • Practitioners must clearly identify the legal framework supporting their client’s claims and provide sufficient evidence to back them up.
  4. Don’t Assume the Court Will Fix It
    • Judges may work to untangle poorly prepared cases, but as this judgment shows, there are limits. Recorder Chandler KC noted that this case was so chaotic that proceeding would have been unfair. Lawyers must respect the court’s time and resources by preparing cases to a high standard.
  5. The Risk of Costs Sanctions
    • Although no costs order was made due to the parties’ circumstances, the judge indicated that, in other cases, such breaches could result in indemnity costs orders against the offending party or their representatives.

The Bigger Picture: Procedural Discipline in Family Law

This case is not just about one chaotic hearing—it reflects a broader issue in family law practice. As Sir James Munby P observed in Re W (A Child) [2013] EWCA Civ 1177, a “slapdash, lackadaisical” approach to court orders and procedures cannot be tolerated. Similarly, Mostyn J in Xanthopoulos v Rakshina [2022] EWFC 30 decried the “utter disregard” for procedural rules that too often characterises family law cases.

The consequences are significant:

  • For parties, procedural failures delay justice, increase costs, and add emotional strain.
  • For courts, such failings waste valuable judicial time and resources, compounding delays across an already overstretched system.

Final Thoughts: A Warning for the Future

The decision in T v T & Ors is a wake-up call for family law practitioners. Procedural rules are not optional, and failing to follow them can have dire consequences, including adjourned hearings, wasted costs, and damage to professional reputations.

For lawyers, the lesson is clear: attention to detail, compliance with rules, and respect for the court’s time are non-negotiable. For clients, it’s a reminder to choose legal representatives who will handle their case with the care and professionalism it deserves.

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