What is a fact‑finding hearing and when is it used?

Introduction

A fact‑finding hearing is a special type of family court hearing in England and Wales. The judge decides disputed facts rather than resolving the final outcome on finances or child arrangements. Parties use fact‑finding hearings mainly where serious allegations such as domestic abuse, violence or coercive control arise and those facts matter to later decisions.

When the court orders a fact‑finding hearing

The court orders a fact‑finding hearing when the parties cannot agree about key events that affect the welfare of a child or the fairness of financial remedies. Typical triggers include allegations of physical assault sexual abuse emotional abuse or repeated controlling behaviour. The judge first considers whether factual certainty matters for subsequent orders and whether proceeding to a full fact‑finding exercise is proportionate.

Purpose and scope of a fact‑finding hearing

The hearing focuses narrowly on disputed factual issues. The judge determines what happened, when it happened and who was involved. The purpose is not to punish but to provide a reliable factual foundation for later decisions such as child arrangements, contact restrictions, protective orders or adjustments in financial settlements where conduct is relevant.

Procedure and preparation

Before the hearing the court will give directions about documents witness lists and expert evidence. Parties must exchange witness statements and disclose relevant documents. The judge may order medical reports psychiatric assessments or risk assessments and may allow expert evidence on the effect of behaviour on a child.

Hearings follow adversarial procedures similar to trials. Each side calls witnesses who give evidence on oath and face cross‑examination. The judge assesses credibility, weighs the evidence and reaches findings on the live issues identified in the directions.

Evidence and standards of proof

The court uses the civil standard of proof — the balance of probabilities — to decide facts. This means the judge asks whether an event more likely than not occurred. Where allegations are serious the judge carefully examine reliability, motive and corroborating material. Contemporaneous documents such as texts emails medical records and police reports carry significant weight.

Vulnerable witnesses and special measures

Children, victims of sexual violence and vulnerable adults require special handling. The court can receive evidence via recorded interviews, use intermediaries, permit evidence by live link or order screens in the courtroom to reduce stress. Judges adapt procedures to protect witnesses while ensuring a fair trial for both parties.

Risks and consequences of findings

Findings in fact‑finding hearings shape later remedies. If the judge finds harmful behaviour occurred the court may restrict contact, impose supervised arrangements, recommend safeguarding measures or factor conduct into financial orders where justified. Conversely, a finding that allegations lack substance may affect credibility and influence costs decisions.

Timing and proportionality

The court balances the need for a fact‑finding hearing against delay and cost. Judges will refuse a full hearing if allegations are peripheral or if a less intrusive process, such as targeted disclosure or a private assessment, will suffice. Parties should prepare to show why factual resolution requires a hearing and why it justifies the time and expense.

Practical tips for parties

– Prepare clear witness statements with dates, times and supporting documents.

– Preserve contemporaneous records such as messages medical notes and police reports.

– Consider mediation or alternative dispute resolution for non‑safety issues.

– Seek legal advice early, especially where allegations could affect children or finances.

– Cooperate with court directions and attend risk or expert assessments promptly.

Conclusion

A fact‑finding hearing provides a focused route to resolve disputed, serious allegations that affect child welfare or financial fairness. The process uses witness evidence, documents and expert input to establish what happened on the balance of probabilities. Parties who prepare carefully, respect vulnerable witnesses and follow the court’s directions improve the chance of a reliable factual outcome that supports fair subsequent orders.

At Alexander JLO we are well aware that going through divorce can be very difficult. Whilst the implementation of no-fault divorce back in 2022 has made the legal process much simpler, there are times, especially in relation to financial matters, when input from an experienced solicitor is vital.

With that in mind we have developed a revolutionary new service which will ascertain whether or not it’s wise to have legal advice on finances when going through divorce. Simply called Form Easy it will assess your level and type of assets and determine if you qualify for a free, no-obligation consultation to discuss your case with us and decide on the best ways forward for you. Simply click the Form Easy button, or visit the page here, answer a few short questions and we will let you have our input on whether we can help. 

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.