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.

6 November 2025

Can You Redact Payee Details from Bank Statements in Family Proceedings?

One of the most common disclosure disputes in financial remedy cases concerns redactions — particularly when a party removes payee details from their bank statements before producing them to the other side. Some claim these details are “irrelevant” or “private.” But is it actually permissible to do that?

The Duty of Full and Frank Disclosure

The starting point is simple and absolute: each party in financial remedy proceedings owes a duty of full and frank disclosure. Practice Direction 9A to the Family Procedure Rules (FPR) makes clear that parties must provide a complete and honest picture of their finances so that the court can achieve a fair outcome.

That duty extends to every material document, including 12 months of bank statements for all accounts disclosed in Form E. The Form E statement of truth is not just a formality — it’s a personal confirmation that the disclosure is “full, frank, clear and accurate.” Any attempt to conceal or withhold information undermines that duty.

The Rules on Redaction

Redacting payee details amounts to withholding part of a document. The FPR don’t allow a party to decide unilaterally which parts of their disclosure the other side can see. If a party genuinely believes they have a right or duty to withhold part of a document — for example, to protect legally privileged information or a third party’s confidentiality — there is a formal process to follow.

Under FPR 21.3(3):

A party who wishes to claim a right or duty to withhold inspection of a document, or part of a document, must state in writing (a) the right or duty claimed, and (b) the grounds on which that right or duty is claimed.”

That written statement must be sent to the other side, who can then challenge the redaction under FPR 21.3(5). If the matter is disputed, the court may inspect the document itself and decide whether the information can properly be withheld.

In short: there is a mechanism for limited redaction, but it must be done transparently and — if necessary — with the court’s approval. Simply blacking out names or transactions because they are “personal” or “irrelevant” is not permitted.

Why Payee Details Matter

Payee information often provides vital context: who a party is paying, whether assets have been transferred, or whether money has been dissipated. Even regular spending patterns can help the court assess lifestyle and credibility. What one party views as “irrelevant” may in fact be highly significant to the other or to the court’s assessment of needs and fairness.

Consequences of Improper Redaction

Unjustified redactions can amount to non-disclosure. The court may draw adverse inferences, order further disclosure, or even make a costs order against the party responsible. In serious cases, non-disclosure discovered after judgment can justify an application to set aside the final order.

As the Court of Appeal emphasised in Imerman v Tchenguiz [2010] EWCA Civ 908, disclosure in family cases must be handled through proper procedures — not through unilateral decisions about what should or should not be revealed.

The Bottom Line

Unless a party follows the proper process under FPR Part 21, it is not procedurally permissible to redact payee details from bank statements before disclosure. The default position is clear: full, frank, and open disclosure is the rule — not the exception.

Where genuine confidentiality concerns exist, the right approach is to raise them transparently and, if needed, invite the court to decide. Anything less risks serious procedural and evidential consequences.

 

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