What is a final hearing and how should I prepare?

Introduction

A final hearing in family law is the court event where a judge decides the substantive issues between the parties. In England and Wales final hearings resolve financial remedy claims, child arrangements disputes or both. Preparation matters because judges decide on the documents, expert evidence and witness credibility presented at the hearing rather than on new material after the event.

Purpose of the final hearing

The final hearing’s purpose is to determine outstanding contested issues and to make binding orders. The judge evaluates factual evidence, expert reports and legal submissions. Decisions often cover division of assets, pension sharing, spousal maintenance, child residence and contact arrangements. The hearing produces a final order that each party must follow.

What the court expects at a final hearing

Courts expect parties to be fully ready and to have complied with all directions. The judge will expect:

– complete verified disclosure and compliance with disclosure orders

– filed witness statements and expert reports exchanged within deadlines

– attendance by witnesses and experts unless the court has excused them

– agreed bundles and authorities served in the form the court directed

– compliance with case management timetables and costs budgets where ordered

Documentary bundles and exhibits

A clear, well organised bundle aids the judge and speeds the hearing. The bundle should include:

– an agreed chronology and index of documents

– core financial documents such as bank statements, company accounts, trust deeds and conveyancing files

– expert reports with clear references to bundle numbers

– witness statements, statements of truth and any agreed factual statements

– authorities and skeleton arguments cross referenced to the bundle

Parties should ensure electronic bundles are searchable and that hard copies match the electronic pagination exactly.

Witnesses and expert evidence

Witness statements are central. Witnesses should rehearse their role, confirm authenticity of documents cited and understand how to present evidence succinctly. Experts must be prepared to explain methodology, assumptions and sensitivity analyses. Parties should agree joint statements between experts where appropriate to identify agreed facts and narrow issues for trial.

Advocacy and legal submissions

Counsel or advocates should prepare focused skeleton arguments that set out legal frameworks, key facts and the order sought. Oral submissions must be concise, structured and refer directly to bundle references. Judges value clarity and brevity more than lengthy repetition.

Practical steps to prepare

– Confirm the hearing timetable and attendance arrangements including remote or hybrid links.

– Finalise and exchange trial bundles, chronologies and authorities within court deadlines.

– Rehearse witness examinations and cross examination with legal advisers.

– Verify experts are available for attendance and have prepared joint statements where directed.

– Prepare short, clear opening and closing submissions tying evidence to legal outcomes.

– Ensure logistics: court directions, travel, equipment for remote evidence, and accessibility requirements.

– Discuss costs strategy and potential settlement options before the hearing starts.

Managing risks and settlement avenues

Parties should keep settlement on the table. Final hearings are costly and unpredictable. Judges assess conduct and may penalise unreasonable behaviour in costs orders (though this is very rare). Exploring mediation or negotiated outcomes up to the hearing often preserves capital and reduces reputational risk.

Conclusion

A final hearing determines the case on its merits. Thorough preparation, disciplined bundles, realistic witness rehearsals and concise submissions increase the chance of achieving a favourable outcome. Parties should consult experienced family counsel early and follow the court’s directions closely to present the strongest possible case at the final hearing.

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.