Your witness statement explained
(With Templates)
WHAT IS A WITNESS STATEMENT?
A witness statement is a document written by yourself detailing what has happened and gives an explanation to the judge why you have started court proceedings.
A witness statement is a very important document so please do not underestimate its importance.
If you have evidence to support the statements and claims you have made in your witness statement, you must list/attach this evidence to your witness statement.
Your witness statement can also sometimes detail what you would like to happen and what orders or directions you want the judge/magistrate to consider making.
A witness statement is read by the judge/magistrate and your ex-partner/their solicitor & barrister many days before the court hearing. It is often 5-6 A4 pages long, but can be shorter or longer depending upon your case.
WHEN AND HOW DO YOU SEND IT TO THE COURT?
Attached to an application form – A witness statement can be attached to some application forms when you send them to the court. The witness statement will explain to the judge why you have sent the form in.
When directed by a judge/magistrate as part of court proceedings – On other occasions a judge/magistrate can order you and your ex-partner to send in a witness statement. The judge will set dates and times within which you and your ex-partner must submit your witness statement to the court, perhaps Cafcass, and to your ex-partner/their solicitor.
You can send your witness statement to the court via email (include your name and case number in the subject line), you can post a hardcopy (signed for recorded delivery) or drop it to the court yourself.
SHOULD YOU PREPARE A WITNESS STATEMENT FOR EVERY HEARING YOU ATTEND?
No, you do not. You should write your witness statement and send it to the court and to your ex-partner/their solicitor when the judge/magistrate directs you to do so and within the dates you are directed to do so.
TIPS FOR YOUR WITNESS STATEMENT
- Your witness statement has written pages and evidence pages. Please number your written pages.
- Your evidence pages must be attached to the back of your witness statement and labelled, e.g. ‘exhibit 1’, ‘exhibit 2’ and so on. You must do this with all evidence/exhibits. Each separate evidence/exhibit must have their own page.
- Where you want the judge/magistrate to read a sentence in your written pages and then see the evidence immediately after, you must write, e.g. ‘see exhibit 1’, after the sentence. You should also write the page number of the labelled evidence/exhibit page.
- Use A4 single sided white paper for your witness statement.
- Use a clean looking font such as Arial, Times New Roman and Calibri.
- The recommended font size is 12.
- The recommended line spacing is 1.5.
- The recommended margin space is at least 2.5cm.
- At the top of the first page, you must put the case number, court name, both you and your ex-partner’s names, the type of hearing it is, and the date and time.
- Please mention if you are the applicant or respondent.
- If your case is with regards to child arrangements, please mention yours and your ex-partner’s relationship to the child(s).
- Mention that you are a litigant in person if the court is not already aware.
- Write your witness statement in chronological order.
- Divide the statement into sections with each section having a separate heading.
- Number your paragraphs in each section.
- Write down what has happened in detail and try and keep sentences short.
- Write what you want the court to decide at this hearing.
- Write what directions you want the court to make at this hearing. Please be direct and clear.
- Write why you have made an application to the court if this applies to you.
- Declare if the matter urgent.
- Mention any domestic violence that the court is not already aware of.
- Mention any concerns you have.
- Write what has happened since the last hearing, if there was a last hearing.
- Mention if there are any documents your ex-partner was supposed to send you but didn’t.
- Explain why you have not complied with a court order or court directions if you haven’t.
- Mention any court order or court directions your ex-partner has not complied with.
- Write if you need any further documents from your ex-partner.
- Ask if you need permission to file and gather more evidence.
- Avoid being confrontational, emotional, and harsh.
- Do not write other people’s opinions.
- When you finish your witness statement, you must include a statement of truth at the end – ‘I believe my statement above to be truthful’. You must then sign and date your witness statement.
HOW SHOULD YOU REFER TO YOUR EX-PARTNER IN YOUR WITNESS STATEMENT?
Normally, you should refer to your ex-partner as the applicant or respondent depending on whichever one they are. We have also seen people refer to their ex-partner by their name (MR, MRS, MS, DR). Please try NOT to refer to your ex-partner as W (wife) or H (husband) as some solicitors firms recommend because we feel it is cold.
YOU CAN USE OUR I AM LIP WITNESS STATEMENT TEMPLATE
You will need to produce your own witness statement.
The team here at I AM L.I.P have produced a witness statement template for you to download and fill in. Once you have filled in it you can print a hard copy. Click on the upper right corner of the document below to access it. Once accessed, we recommend you click the ‘Open Original’ button on the upper right corner to download the document on Microsoft Word, or you can download the document on other applications such as Google Docs. The BLACK writing is part of the template document and should not be altered. The RED writing is where you should edit the template document as it is there to guide you on what to include.
PLEASE NOTE – Our team at I AM L.I.P have produced these templates with the focus being to cater to every type of user regardless of their skill set, technical capabilities, literacy comprehension and level of neurodiversity. We understand that when most people are completing these templates, they can be under immense emotional distress due to the difficult process of divorce. Therefore, these templates are here to make the process easier.
ARE THERE ANY GOVERNMENT TEMPLATES AVAILABLE?
Yes the governments does provide witness/supporting statement templates for you to use, however these templates are specific for certain forms only.
Three examples are –
FORM C120
Form C120 is a witness statement template used in court proceedings for child arrangements where there is a parental dispute. It has been designed especially for litigants in person to use. You do not have to fill in any sections that do not apply to you. The information in this statement will help the judge/magistrate to make decisions. You will usually submit form C120 alongside form C100 (the application form used to start court proceedings for child arrangements) or form C2 (the application form used to ask for a court order or court directions within existing proceedings relating to children)
LINK TO OUR L.I.P HELP GUIDE FOR FORM C120
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR FORM C2
FORM FL401T
Form FL401T is a government template used to write a supporting statement. This supporting statement is attached to form FL401 which is the application form used to apply for a non-molestation or occupation order. Form FL4012T supporting statement is only used for form FL401 and no other form
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL401T
FORM N163
Form N163 is a government template for a skeleton argument. This template is only used for appeals.
LINK TO OUR L.I.P HELP GUIDE FOR FORM N163