What is a McKenzie Friend?

Navigating family court can be daunting, especially for those representing themselves, known as litigants in person. In such cases, a McKenzie Friend can provide invaluable support during child arrangement and financial remedy proceedings.

This blog explores how a McKenzie Friend can assist litigants, comparing their role to that of solicitors and barristers, while highlighting the emotional and practical support they offer.

What is a McKenzie Friend?

A McKenzie Friend is a person who provides assistance to a litigant in person in court. Named after a landmark case in 1970, the role has evolved to help individuals who may lack legal representation. Unlike solicitors or barristers, McKenzie Friends are not legally qualified, but they can offer significant support in various ways.

McKenzie Friends are unregulated so finding a good one can be daunting. The McKenzie Friend Council lists a number of McKenzie Friends who are reliable.

Assistance During Child Arrangement Proceedings

In child arrangement proceedings, where decisions about the welfare of children are made, a McKenzie Friend can help a litigant understand the complexities of the legal framework. They can assist in:

1. Understanding the Court Process: A McKenzie Friend can explain the steps involved in child arrangement cases, making the process less intimidating for the litigant. This includes clarifying what to expect at hearings and how to prepare effectively.

2. Preparing Documents: Writing statements and completing court applications can be overwhelming. A McKenzie Friend can guide the litigant in drafting these documents, ensuring they are clear, concise, and relevant to the case.

3. Providing Emotional Support: The emotional toll of family court proceedings can be significant. A McKenzie Friend offers a listening ear and moral support, helping to alleviate some of the stress associated with the process.

4. Assistance in Hearings:

   A McKenzie Friend can assist you in the court hearing. They can sit by you. Talk to you during the hearing if you need help along the way, provide you with guidance throughout the hearing. Take notes and help you understand what the judge has directed in interim or in final order. Most importantly however a McKenzie Friend can negotiate on your behalf with the other parties representation, before the hearing begins, meaning you can stay one step back from the front line and calmly consider your position.

   
   

Support in Financial Remedy Proceedings

Financial remedy proceedings involve disputes over the division of assets and financial responsibilities after a relationship breakdown. Here, a McKenzie Friend can provide similar forms of support:

1. Clarifying Financial Disclosure: Understanding financial disclosure requirements is crucial in these cases. A McKenzie Friend can help the litigant identify what information they need to gather and present to the court.

2. Navigating Complex Legal Concepts: Financial matters can involve complex legal principles. A McKenzie Friend can assist in breaking these down into simpler terms, making it easier for the litigant to grasp their rights and obligations.

3. Emotional Resilience: Just as in child arrangement cases, the emotional impact of financial proceedings can be significant. A McKenzie Friend can offer reassurance and encouragement, helping the litigant maintain focus and composure.

   
   

Comparing McKenzie Friends to Solicitors and Barristers

While McKenzie Friends provide valuable support, it is essential to understand the differences between them and qualified legal professionals:

• Legal Expertise: Solicitors and barristers possess formal legal qualifications and training, enabling them to provide legal advice and represent clients in court. In contrast, McKenzie Friends do not have formal legal training and cannot offer legal advice.

• Representation: Solicitors and barristers can represent clients in court, while McKenzie Friends can only assist and support litigants, such as taking notes or providing guidance during hearings.

• Costs: Hiring a solicitor or barrister can be expensive, which is why many individuals opt for a McKenzie Friend as a more affordable alternative for assistance in self-representation.

  
  

Conclusion

For litigants in person facing child arrangement or financial remedy proceedings, a McKenzie Friend can be an essential ally. They provide practical assistance with court processes, help in preparing documents, and offer emotional support during challenging times. While they cannot replace the expertise of solicitors and barristers, their role is crucial in empowering individuals to navigate the complexities of family court with confidence. Whether for emotional resilience or practical guidance, a McKenzie Friend can make a significant difference in a litigant's journey through the legal system.

The McKenzie Friend Council offers trusted McKenzie Friends who cover England and Wales.

A free consultation is available and bookable via the website www.mckenziefriendcouncil.co.uk