Going through separation, divorce or a children dispute without a solicitor is daunting. Legal aid has been cut back sharply, and many people simply cannot afford full representation. That is why more people are asking about a McKenzie Friend in court: someone who can sit beside you, help you make sense of the process and steady your nerves. But what can a McKenzie Friend actually do, and what can’t they do? This guide explains what support to expect in the family court in England and Wales.
A McKenzie Friend is a person who helps a litigant in person (someone representing themselves) in court. The name comes from the 1970 case McKenzie v McKenzie, which established that a person without a lawyer may have a lay supporter with them to quietly assist.
A McKenzie Friend is not a solicitor or barrister. They have no automatic right to speak for you. They may be a friend, a relative, a volunteer from a support charity, or a paid professional who has built up experience of the family courts.
Judges have discretion, but in practice the court will usually allow you to have one. The starting point is that a litigant in person should be allowed the help unless the judge is satisfied that fairness or the interests of justice require otherwise.
Why People Use a McKenzie Friend in Family Cases
Family proceedings are emotionally charged and procedurally complicated. Common situations include:
- Divorce and civil partnership dissolution, especially the financial side (financial remedy proceedings)
- Child arrangements, including where children live and spend time
- Applications relating to domestic abuse, such as non-molestation orders
- Enforcement or variation of existing orders
Many people looking for a McKenzie Friend for divorce in the UK find that the divorce application itself is straightforward. It is the finances and the arrangements for children that cause the difficulty. Since no-fault divorce came in, the application no longer requires blaming anyone, but disputes over property, pensions and parenting can still be complex and contested.
What Support Can You Realistically Expect?
The quality and scope of McKenzie Friend support varies with the individual, but the following are the main things a good one can help with.
- Sitting beside you in court
This is the core role. Having someone next to you during a hearing can make a big difference. Family court hearings can be stressful, and it is easy to freeze or miss what was said. Your McKenzie Friend is there to keep you grounded.
- Taking notes
Hearings move quickly. A McKenzie Friend can record what the judge says, what orders are made and what deadlines are set, so you can concentrate on listening and answering. Those notes are very useful afterwards, when you need to work out what you have to do next.
- Quietly advising you during the hearing
They may pass you notes or whisper suggestions, for example reminding you of a point you meant to raise or flagging that a document is relevant. This should be done discreetly so as not to disrupt the hearing.
- Helping you prepare documents
Before a hearing, much of the work is on paper. A McKenzie Friend can help you:
- Organise your papers and evidence into a sensible bundle
- Draft or structure a witness statement
- Understand what forms are needed and what information they ask for
- Prepare for financial disclosure, such as a Form E in financial remedy cases
- Prepare a chronology of key events
They can help you prepare these documents, but you remain the applicant or respondent, and you are responsible for what is filed and signed in your name.
- Suggesting questions and helping with strategy
They can help you think through what you want to achieve, what is realistic, and what questions or points to raise. Note that this is practical guidance, not formal legal advice from a regulated professional.
- Emotional and practical support
Do not underestimate this. Separation is often one of the hardest experiences of a person’s life. Having a calm presence at your side, before, during and after hearings, helps you think clearly and stay focused on the outcome that matters.
What a McKenzie Friend Generally Cannot Do
Understanding the limits is as important as understanding the benefits.
A McKenzie Friend cannot, unless the court gives specific permission:
- Speak on your behalf in court (this is called a “right of audience”)
- Conduct the litigation, such as issuing proceedings, serving documents or formally acting as your representative in dealings with the court and other parties
- Examine or cross-examine witnesses
- Sign court documents for you
These are “reserved legal activities” under the Legal Services Act 2007, and are normally carried out only by authorised professionals. Judges can grant rights of audience or conduct of litigation to a McKenzie Friend, but this is exceptional and requires a specific application, and the court is typically cautious about it.
They are also not regulated in the way solicitors are. There is no compulsory professional indemnity insurance and no automatic complaints route or compensation scheme.
How to Choose a Good McKenzie Friend
Because the role is unregulated, do your homework. Consider these points:
- Experience of family court. Ask specifically what kinds of cases they have supported.
- References or reviews from previous clients.
- A written agreement setting out what they will and won’t do, and the fees.
- Understanding of the limits of the role. A good one will not promise to “represent” you or pretend to be a lawyer.
- Confidentiality. Family proceedings are private and involve sensitive information about you and any children. A responsible McKenzie Friend must understand and respect this.
- Honest advice. Be wary of anyone who guarantees a result or encourages you to be unnecessarily aggressive. Family courts generally look unfavourably on behaviour that escalates conflict, particularly where children are involved.
Trade bodies for professional McKenzie Friends exist, but membership is voluntary, so it is not a substitute for checking someone’s track record yourself.
Preparing to Bring a McKenzie Friend to Court
To make the arrangement work smoothly:
- Tell the court and the other side in advance. Let the court know who will attend with you, ideally before the hearing.
- Brief your McKenzie Friend fully. Share the papers and background, and be honest about weaknesses in your case.
- Agree roles beforehand. Decide how they will signal to you, and when they will take notes or step back.
- Be ready to explain to the judge that you want the person’s help, and confirm that you are not asking for them to speak for you.
- Remember it is still your case. You make the decisions and you are the one answering the judge.
Is a McKenzie Friend Right for You?
A McKenzie Friend can be an excellent middle option between going completely alone and paying for full legal representation. They are especially valuable if you:
- Are representing yourself but feel overwhelmed
- Need help organising paperwork and understanding procedure
- Want emotional and practical support at hearings
- Cannot afford a solicitor throughout the case
However, consider a solicitor or barrister if your case involves substantial assets, complex pension or business issues, serious allegations, or safeguarding concerns for children. You can also buy limited, targeted legal advice, for example a one-off consultation, alongside the support of a McKenzie Friend. Also consider whether mediation could resolve some issues, as the court generally expects you to have considered it first.
Conclusion
Family court can feel intimidating, and you do not have to face it entirely alone. Good McKenzie Friend support gives you practical help with paperwork, procedure and preparation, and a steady presence at your side when it matters. Understand what they can and cannot do, choose carefully, agree terms in writing, and use the help to become a more confident and better-prepared litigant in person. You can reach out to us for a free consultation on how we can assist you as a McKenzie friend in the UK.