Court Documents, Statements & Submissions
Skeleton Arguments & Written Submissions
Turn the issues, evidence and legal framework into a structured argument that shows the court why a particular order or conclusion is being sought.
A skeleton argument is not a witness statement with case law added to it. Nor is it simply a longer position statement.
Its purpose is to organise the argument: identify the issue, state the relevant legal or procedural principle, connect that principle to the evidence already before the court and explain the conclusion you invite the judge to reach.
The court does not need a pile of cases. It needs to know what proposition you say each authority supports.
Litigants in person can understandably assume that legal argument becomes stronger as more statutes and reported cases are added.
Usually the more useful exercise is narrower: identify the actual question before the court, find the legal framework that governs that question, identify any genuinely material authorities and apply the law to the evidence already before the judge.
The aim is analysis rather than decoration with legal citations.
Is this the right service?
Skeleton argument or written-submission support may be useful if…
Different documents — different functions
Evidence, position and argument should not be collapsed into one document
Witness statement
Contains factual evidence the witness is able to give.
Position statement
States the party's position on the issues at the particular hearing and the order or directions sought.
Skeleton argument
Sets out the arguments supporting the party's position on the issues the court must determine.
Written submissions
Present structured argument to the court, potentially before, during or after a hearing depending on the court's directions and purpose.
What should a skeleton argument do?
Give the judge the route through the argument
Define the issue
Identify the particular question the court is being asked to resolve.
Identify the legal framework
Set out the rule, statutory provision, practice direction or legal principle said to govern the issue.
Identify the material evidence
Direct the court to the evidence already before it that is relevant to the argument.
Apply the law
Explain why the relevant legal test leads, on the evidence relied upon, towards the conclusion advanced.
Deal with the difficult point
A useful argument acknowledges the material point against the position and explains the response to it.
Identify the outcome sought
Tell the judge what order, direction, finding or procedural conclusion is being invited.
Current PD27A framework
In non-financial family proceedings, a skeleton argument is now expressly separate from the position statement
Under the current Practice Direction 27A, a skeleton argument is a separate preliminary document setting out the party's arguments in support of their position on the issues to be determined at that particular hearing.
- Preliminary documents must be as short and succinct as possible.
- They should identify the date prepared and the hearing for which they were prepared.
- Where practicable, a skeleton argument should be cross-referenced to relevant bundle pages.
- Superseded skeleton arguments should be removed from an updated bundle for a later hearing.
- The latest case-specific court directions remain important and may prescribe content, timing or length.
Unlike position statements and some other preliminary documents, PD27A does not prescribe one general page limit for every skeleton argument. That does not make length unlimited: the document must still be proportionate and comply with any case-specific direction.
A practical structure
A skeleton argument might be organised like this
Written submissions
The shape of written submissions depends on when and why they are required
Pre-hearing submissions
May help identify the legal framework and arguments before the hearing begins, where permitted or directed.
Opening submissions
Can orient the court to the issues and proposed route through a contested hearing without duplicating all the evidence.
Closing submissions
May apply the law to the evidence after witnesses have been heard and identify the conclusions the court is invited to draw.
Post-hearing written submissions
Where the judge directs written submissions after a hearing, the court's direction should govern their scope, timing and format.
Response submissions
May address another party's legal argument without unnecessarily repeating material already accepted or undisputed.
Procedural submissions
Some hearings require focused argument about case management, evidence, directions or another procedural question rather than the ultimate merits.
Critical distinction
Submissions can analyse the evidence. They should not be used to manufacture new evidence.
A skeleton argument may direct the judge to witness statements, reports, orders, messages or other evidence already properly before the court and explain the significance said to follow from that material.
But factual assertions that require proof should not simply be inserted into legal submissions as a way of bypassing the rules governing evidence.
Family Procedure Rule 22.1 gives the court control over the issues on which evidence is required, the nature of that evidence and the manner in which it is placed before the court. The evidential route and the argumentative route should therefore remain distinct.
Build the argument issue by issue
A simple analytical framework
Issue
What precise question does the court have to decide?
Rule
What statutory test, rule, practice direction or legal principle governs that question?
Evidence
What material already before the court bears on the test?
Analysis
Why does the evidence satisfy, fail to satisfy or otherwise engage the legal framework?
Counter-analysis
What is the strongest contrary point and why do you say it does not change the proposed conclusion?
Conclusion
What should the court decide or order on that issue?
What to send
Start with the documents that define the issue
Latest court order
This may define the hearing, live issues and any direction for written argument.
Statement of issues
Where available, this helps ensure the skeleton addresses the questions the court is actually being asked to resolve.
Position statement
Useful for identifying your position and ensuring the skeleton supports rather than contradicts it.
Key evidence
Provide the material necessary to test and support the factual foundation of the argument.
Authorities already identified
Send the judgments or citations you believe may be relevant so their actual propositions can be checked.
Deadline and hearing date
Tell JSH Law immediately if the court has set a filing or service deadline.
What you receive
A structured argument built around the issues the court needs to resolve
Depending on the agreed scope, the work may include:
- review of the order, hearing purpose and current issues;
- identification of the legal and procedural framework relevant to those issues;
- focused legal research where required;
- checking the proposition for which an authority is being relied upon;
- separation of factual evidence from legal argument;
- cross-referencing to relevant evidence and bundle pages where available;
- structuring the argument issue by issue;
- identification of significant contrary arguments or weaknesses requiring attention;
- a draft skeleton argument or written submissions for you to review and approve; and
- identification of issues for which specialist regulated advice or advocacy may be appropriate.
Common problems
What weakens written argument?
How it works
From “I know this is wrong” to a structured submission
Define the question
Identify precisely what the court is being asked to determine at the hearing.
Identify the governing framework
Establish the relevant statutory provisions, rules, practice directions and legal principles.
Check the authorities
Read the judgments relied upon and identify what they actually establish.
Apply the evidence
Connect the legal test to the evidence properly before the court, using bundle references where available.
State the conclusion
Explain clearly what the court is invited to decide and why.
Written argument due?
Start with the issue — not with Google searches for cases.
The latest court order, statement of issues and key evidence usually tell us what legal research is actually required. That is a better starting point than collecting authorities first and trying to fit the case around them afterwards.
Book a 15-Minute ConsultationNeed wider hearing preparation?
A skeleton argument is only one part of preparing for a contested hearing
You may also need to understand the hearing timetable, organise the evidence, prepare your position statement and make sure the court can locate the documents referred to in your submissions.
Explore Family Court Hearing Preparation →
If the bundle itself is the problem:
Explore Family Court Bundle Help →Clear boundaries
JSH Law can support legal research and drafting. You remain the litigant advancing the argument.
JSH Law provides non-reserved legal services, litigation support and McKenzie Friend assistance. JSH Law is not an SRA-authorised solicitors' firm.
JSH Law can help identify legal issues, research authorities, analyse the relationship between law and evidence and prepare draft written submissions for your review.
You remain responsible for approving the argument advanced, checking factual instructions, complying with court directions and filing or serving documents unless a particular lawful task has expressly been agreed.
Written submissions cannot guarantee an outcome. Judicial decisions depend on the evidence, applicable law, procedural context and the court's evaluation of the case.
Where specialist advocacy, complex appellate advice or another matter outside JSH Law's scope is required, obtaining advice from an appropriately regulated solicitor or barrister may be appropriate.
Focused research & drafting
You can instruct JSH Law for one defined skeleton argument or written submission
The work required depends on the number and complexity of the issues, the amount of evidence requiring review and the extent of legal research needed.
A document containing one focused procedural submission may require substantially less work than a final-hearing skeleton involving several contested legal and welfare issues.
Where the task, documents and research scope can be identified reliably in advance, a fixed-fee quote may be available before you commit.
If the court has imposed a deadline, tell JSH Law the exact date before sending a large document set.
View PricingSkeleton argument or submissions required?
Book a 15-minute consultation
Tell me the hearing date, the issue the written argument needs to address, the filing deadline and whether the court has expressly directed a skeleton argument or written submissions.
If you have already identified cases or statutory provisions, mention them — but there is no need to research the entire legal issue before making contact.
Choose a convenient time
Include the exact filing deadline and hearing date in your booking notes.
Your enquiry will be handled in accordance with the JSH Law Privacy Policy .
Official procedural framework
Current Family Court rules
The content and timing of written submissions depend on the hearing and any case-specific court directions.
Practice Direction 27A — Court Bundles, Preliminary Documents & Authorities →
Need something different?
