A McKenzie friend is someone who comes to court with you when you don't have a lawyer. They can sit beside you, take notes, help you sort your papers and quietly give you advice. They can't speak to the judge for you, question witnesses or sign court papers in your name unless the judge gives special permission, which is rare. Anyone can be one: a friend, a relative, a volunteer or someone you pay.
Going to court on your own is frightening, and having someone you trust beside you can make a real difference. It helps to know exactly where the line sits between help you're allowed and help that could land you, or them, in trouble. This guide covers the rules for family courts in England and Wales, mainly the judges' own guidance on McKenzie friends from 2010, which still applies.
What is a McKenzie friend?
A McKenzie friend is a person without legal rights of their own in the case who helps someone representing themselves. The person they help is still classed as representing themselves, known in court as a litigant in person (Practice Guidance, paragraph 2).
The name comes from McKenzie v McKenzie, a divorce case decided by the Court of Appeal in 1970. Mr McKenzie had no lawyer at his trial. A young barrister had come to sit beside him, prompt him and take notes, but the judge told him he couldn't take part, so he left. The Court of Appeal said everyone has the right to a friend beside them in court to prompt, take notes and quietly give advice, and ordered a new trial. The name has stuck ever since (McKenzie v McKenzie [1971] P 33).
Today the rules are set out in the Practice Guidance: McKenzie Friends (Civil and Family Courts), issued in July 2010 by the most senior civil and family judges. It's guidance rather than a strict rule, but judges follow it. The paragraph numbers in this guide refer to it, so you can point to them in court if you need to.
Who can be a McKenzie friend?
Almost anyone. There's no qualification, training or registration, and they don't need to be a lawyer.
- A friend or family member. This is the most common. They know you and want to help, and they usually do it for free.
- A volunteer. Some charities and support groups have volunteers who will come to court with you.
- A paid McKenzie friend. Some people charge for the work, and a few do it full time. Some are former lawyers or paralegals, and some have no legal background at all.
What matters is that they understand the role, keep your case private and have no personal interest in how it turns out (paragraph 6). If someone is likely to be a witness, or has their own stake in the outcome, they're not a good choice. A friend who gets too emotional in court, or who is angry with your ex, may make things harder for you.
What can a McKenzie friend do?
The guidance lists four things a McKenzie friend can do: give you moral support, take notes, help with your case papers and quietly give you advice on any part of your case (paragraph 3).
In practice that can mean:
- sitting next to you in the hearing and in the waiting area
- writing down what the judge and the other side say, so you can concentrate
- helping you put your papers in order and find the right page when you need it
- passing you a note or whispering a reminder of a point you wanted to make
- helping you understand forms, orders and letters, and helping you prepare what you want to say
- doing practical jobs such as photocopying, putting a bundle together or delivering documents, if you pay them for that (paragraph 27)
You can also show them the documents in your case so they can help you. There's more on that in sharing your papers below.
What can't a McKenzie friend do?
A McKenzie friend can't act as your lawyer. Without the judge's permission, they can't speak to the court for you, make your arguments, question witnesses, sign or file court papers for you or run your case behind the scenes (paragraph 4).
The law calls these things a right of audience (speaking for someone in court) and the conduct of litigation (running a case: starting it, filing and serving papers, writing to the court on someone's behalf). Only qualified, regulated lawyers have them automatically. Anyone else who does them without permission commits a criminal offence and can face up to two years in prison, and acting as an advocate or running a case without the right can also be contempt of court (Legal Services Act 2007, section 14). It's also an offence for someone to pretend they have those rights, or to use a title that suggests they do (section 17).
So in practice:
- You speak to the judge. Your McKenzie friend can prompt you, but the words come from you.
- You sign your own forms and statements, and they go to the court and to your ex in your name. Your McKenzie friend can help you write them and can drop them off for you, but can't file them as your representative.
- You ask the questions if there's a hearing with witnesses, unless the court has stopped that because of domestic abuse (see below).
- Letters to the court and the other side come from you, in your name.
Can the judge let a McKenzie friend speak?
Yes, but it's rare. Judges are told to be slow to allow it, and only where there's a good reason (paragraphs 19 to 22). Examples the guidance gives are a close relative helping, a person whose health stops them speaking for themselves and who can't afford a lawyer, or someone who struggles so much to put things into words that prompting would drag the hearing out. You must ask at the start of the hearing, and it's up to you to convince the judge (paragraph 24).
For people who work as professional McKenzie friends, or who do it regularly, permission to speak or run a case is only given in exceptional circumstances (paragraph 23). If a paid McKenzie friend tells you they'll do the talking in court, be very wary.
If a McKenzie friend offers to do the talking, the signing or the questioning for you, treat that as a warning sign.
How do you tell the court you're bringing a McKenzie friend?
Tell the court as soon as you can who your McKenzie friend will be (paragraph 6). There's no official form. Most people send a short letter or email to the court with their case number, with a note from their McKenzie friend attached.
The note from your McKenzie friend should be a short CV or statement that:
- gives their name and any relevant experience
- confirms they have no interest in the case
- confirms they understand what a McKenzie friend can and can't do
- confirms they understand they must keep everything about the case confidential
It's good practice to send a copy to your ex, or their solicitor, at the same time, so nobody is surprised on the day. Bring spare copies to the hearing. When your case is called, tell the judge or the court usher that you have a McKenzie friend with you, and the judge will normally confirm it at the start.
Can the judge say no?
Yes. You normally have a right to reasonable help, but the court can refuse or limit it if the interests of justice and fairness don't require it (paragraph 5). The guidance says these are not good reasons to refuse you (paragraph 12):
- the hearing is simple, or only about timetables and directions
- you seem able to manage on your own
- you chose not to have a lawyer
- your ex doesn't have a lawyer either
- your McKenzie friend belongs to a group that campaigns on an issue
- the papers contain private family information
The court can refuse or limit a McKenzie friend if, for example, their help is for an improper purpose, they're using you as a puppet, they're running the case themselves, they're under a court order banning them from bringing cases, or the judge isn't satisfied they understand confidentiality (paragraph 13). Often the judge will give a firm warning first (paragraph 10).
Most family hearings, including almost all children cases, are held in private. In those hearings you're expected to explain why you want your McKenzie friend there, but the guidance says the presumption in favour of allowing them is a strong one (paragraph 9). Saying you'd find it hard to manage alone, or that you need help with notes and papers, is usually enough.
Can the other side object to a McKenzie friend?
Yes, both ways. Your ex can object to your McKenzie friend, and you can object to theirs. The person objecting has to give the court good reasons, and the judge decides (paragraph 7).
If your ex objects to your McKenzie friend, you don't have to prove you deserve help. You should get a fair chance to answer, and your McKenzie friend should normally be allowed to stay and help you while the judge decides (paragraph 8). If the judge does limit the help, they should give short reasons, and you can appeal that decision (paragraph 11).
What if my ex's McKenzie friend is someone from their family?
We were asked recently by someone whose ex had brought his sister as his McKenzie friend. Being a relative isn't a reason on its own to refuse: the guidance even gives a close relative as an example of someone a judge might let speak. But you can still raise a concern, and the judge will listen if there's a real reason, such as:
- she's likely to be a witness, or has given a statement in the case
- she has her own stake in the outcome, for example if she's asking to see the children herself or has an interest in a property
- she's been threatening, abusive or intimidating towards you or the children
- you're worried she'll share private papers or talk about the case to others
- she's been disruptive or tried to speak for him in court
Write to the court before the hearing if you can, saying briefly and calmly what your concern is and why, with any evidence. Send a copy to your ex. If there's no time, tell the judge at the start of the hearing. Stick to facts rather than how you feel about her, and if you're frightened of her, say so: the court can arrange for you to wait separately or give evidence from behind a screen or by video.
Can you show a McKenzie friend your court papers?
Yes. You're allowed to share any information about your case with your McKenzie friend, including statements and evidence that have been filed, so they can advise and help you (paragraph 15).
Children cases are private, and there are strict rules about who can see what. The court rules specifically allow a party, such as a parent, to share information from children proceedings with a McKenzie friend to get advice or help with the case (Practice Direction 12G, paragraph 2.1). That covers things like a Cafcass report, which our guide to Cafcass and section 7 reports explains.
That permission is for getting help with your case, and nothing more. Your McKenzie friend mustn't pass the papers on, talk about them to others or put anything about the case online. Publishing information from a private children case can be contempt of court (Administration of Justice Act 1960, section 12), and that applies to you as well. Financial papers, such as your ex's Form E, are confidential too and should only be used for the case.
Before you hand anything over, ask how they'll store your papers, who else will see them, and what happens to them when the case ends. Ask them to delete or return them afterwards.
What do paid McKenzie friends cost, and who checks them?
Paid McKenzie friends set their own fees. Research published in 2017 found typical fees of £30 to £90 an hour, or £200 to £500 for a hearing. Nobody regulates them, and most don't carry insurance (Smith and Hitchings, Counsel; Legal Choices).
| What you pay for | Typical cost (2017 research, so check current prices) |
|---|---|
| Hourly rate | £30 to £90 an hour |
| Fixed fee to attend a hearing | £200 to £500 |
| Getting those fees back from your ex | Not possible for help and advice |
The researchers who found those figures, from Cardiff and Bristol universities, warned that headline rates can be misleading, because what's included and how many hours a case takes vary a lot. Ask for the total you're likely to pay, as well as the hourly rate.
Can you get the fees back?
No. You can agree to pay a McKenzie friend for reasonable help and advice, but the court won't order your ex to pay those fees back to you (paragraph 27). And if a McKenzie friend runs your case without the court's permission, they can't lawfully charge anyone for that work, including you (paragraph 28). The only exception in the guidance is the rare case where a judge has formally allowed the McKenzie friend to speak for you in court (paragraph 30).
What protection do you have?
Much less than with a solicitor or barrister. Solicitors and barristers must be qualified, carry insurance and follow professional rules, and you can complain about them to the Legal Ombudsman. None of that applies to McKenzie friends (Legal Choices):
- the Legal Ombudsman can't look at complaints about them
- most aren't insured if their advice goes wrong
- if you pay them, you have the usual consumer rights under the Consumer Rights Act 2015, for example that the service is carried out with reasonable care and skill
Some paid McKenzie friends belong to the Society of Professional McKenzie Friends, a voluntary membership body. Its members must be insured, agree to its standards, and can be complained about through the Society's own complaints process. Membership is a useful sign, but it isn't regulation in the way a solicitor is regulated.
The most senior judges have said they "remain deeply concerned" about the growth of fee-charging McKenzie friends who are unqualified, unregulated and uninsured (Lord Chief Justice and Judicial Executive Board, 2019). Many paid McKenzie friends do good, careful work, and many people can't afford anything else. It just means the checking is down to you.
divorcd doesn't list McKenzie friends, and we can't vouch for any individual McKenzie friend.
How do you choose a McKenzie friend?
Ask direct questions before you agree to anything, get the answers in writing, and walk away from anyone who promises a result. A good McKenzie friend will be happy to answer all of these.
Questions to ask
- Exactly what will you do, and what won't you do? They should say clearly that they won't speak for you, sign papers in your name or contact the court as if they were your lawyer.
- What will it cost in total? Ask for the full cost in writing, including travel, waiting time, copying and anything extra, and when you have to pay.
- Do you have professional indemnity insurance? Ask to see the certificate.
- Are you a member of a body with a complaints process? If so, which one, and how do you complain?
- How many cases like mine have you helped with? Children cases and money cases are very different.
- Has a court ever refused to let you help, limited your role or removed you? Ask whether there's any order against them.
- Who will see my papers, and how do you keep them safe? Ask what happens to them when the case ends.
Red flags
Think very carefully, and get other advice, if a McKenzie friend:
- promises or guarantees a result
- tells you to ignore Cafcass, social workers or a court order
- talks a lot about the system being against you, or about corrupt judges and social workers
- pushes you to accuse the other parent of "parental alienation", or to call your child's reluctance to see you alienation, before anyone has looked at what's happening (judges now follow detailed Family Justice Council guidance on this)
- wants a large fee upfront, before any work is done
- asks you to sign anything that lets them act in your name, or to give them your court login
- posts about your case, or other clients' cases, on social media
- offers to help both you and your ex
- calls themselves a lawyer, legal representative or advocate, or lets you think they are one
- discourages you from getting a second opinion from a solicitor
If you've already paid someone and things have gone wrong, raise it with them in writing first. If they belong to a membership body, complain to that body. Citizens Advice can tell you about your consumer rights.
What if there's been domestic abuse?
A McKenzie friend can't question your ex for you, and if there's been domestic abuse, the law protects you from being questioned in person by your abuser. Where needed, the court appoints a qualified lawyer to ask the questions instead.
Since 21 July 2022, in family cases, a party can't cross-examine a witness in person if (Matrimonial and Family Proceedings Act 1984, sections 31R to 31T, added by the Domestic Abuse Act 2021):
- they've been convicted of, cautioned for or charged with a specified offence against that witness
- there's a protective injunction, such as a non-molestation order, between them
- there's specified evidence that the witness has been a victim of domestic abuse by that party
The ban works both ways, so the victim can't question the abuser in person either. In other cases the judge can still ban questioning in person if it would affect the quality of the evidence or cause significant distress (section 31U).
When the ban applies, the court first looks at other ways to get the evidence, then asks the party to arrange their own lawyer. If they don't, and it's in the interests of justice, the court appoints a qualified legal representative to ask the questions. That lawyer isn't working for the party who can't ask the questions, and their fees are paid from public funds, not by you (sections 31W and 31X; GOV.UK). A McKenzie friend can't take on that role.
If you've experienced abuse, tell the court as early as you can, on form C1A in a children case. You can ask for special measures such as separate waiting rooms, a screen or giving evidence by video, and you may be able to get legal aid if you have evidence of the abuse (GOV.UK). Our guide to dealing with a difficult ex covers non-molestation and occupation orders. If you're choosing a McKenzie friend, pick someone who takes your safety seriously and doesn't dismiss what's happened to you.
If you're not safe, your safety comes before any of this. Call 999 in an emergency. If you can't speak, press 55 when prompted on a mobile. The domestic abuse helplines are free and open 24 hours: in England, the National Domestic Abuse Helpline run by Refuge (for women) on 0808 2000 247; in Wales, Live Fear Free on 0808 80 10 800. Men can call the Men's Advice Line, run by Respect, on 0808 801 0327 (weekdays). Rights of Women gives women free legal advice on family law by phone. Samaritans are there for anyone, any time, on 116 123. See our safeguarding page and domestic abuse support directory for more.
What free or cheaper help is there?
You may not need to pay a McKenzie friend at all. There's free help for people going to court without a lawyer, and a solicitor or barrister can often help with one part of your case for a fixed fee.
- Support Through Court. A charity whose trained volunteers help people facing family court without a lawyer, at some court buildings and through its national helpline. They can help you understand the process, fill in forms and prepare for hearings, but don't give legal advice (Support Through Court).
- Advicenow. Free, detailed guides for people representing themselves, including children and money cases (Advicenow).
- Citizens Advice. Help with forms, money and next steps, and with your consumer rights if a paid service goes wrong (Citizens Advice).
- Law centres. Free legal advice in some areas, from qualified lawyers (Law Centres Network).
- LawWorks. Free legal advice clinics run by volunteer lawyers (LawWorks).
- Advocate. A charity that finds free barristers for people who can't afford one and can't get legal aid, usually through a referral from an advice agency or solicitor (Advocate).
- A solicitor for one part of your case. Many family solicitors offer fixed-fee help with a single step, such as checking your statement or advising before a hearing. This is sometimes called unbundled help, and unlike a McKenzie friend the solicitor is regulated and insured. Our guide Do I need a solicitor for divorce? covers costs.
- A direct access barrister. Some barristers can be hired without a solicitor, for example just for one hearing. They can speak for you in court, which a McKenzie friend can't. Look for barristers registered for public access through the Bar Council, and ask for a fixed fee in writing.
- Mediation. An accredited mediator can help you and your ex agree without a court hearing, if it's safe. Find one through the Family Mediation Council. Legal aid can cover mediation if you qualify, and in children cases the government voucher scheme offers up to £500. Our guide to what mediation costs has the details.
- The express financial remedy pilot. In some courts, money cases where your combined net assets are under £250,000 go through a shorter process with a maximum of two hearings, which can mean fewer days in court to prepare for. It covers applications made between 7 April 2025 and 2 April 2027 in some areas of northern England and Birmingham (GOV.UK). Our guide to representing yourself in financial proceedings lists the courts.
Our free legal information directory lists more organisations that help people without lawyers.
What to do next
Decide what kind of help you need most, line it up before your next hearing, and tell the court in writing if you're bringing someone.
- If you mainly need someone beside you, ask a friend or relative you trust who isn't involved in the case. Share this guide with them so they know the rules.
- If you need advice on the law, book fixed-fee time with a family solicitor, or try a law centre or LawWorks clinic first.
- If you need someone to speak for you, look at a direct access barrister, Advocate, or legal aid if there's been abuse.
- If you're thinking of paying a McKenzie friend, work through the questions and red flags above, and get everything in writing.
For the hearings themselves, our guides to representing yourself in a money case, applying for a child arrangements order without a solicitor and Cafcass reports take you through each step. You can look up court words in our divorce glossary and find your court's address and contact details on our family courts page.
A family solicitor can check your papers or advise you before a hearing for a fixed fee, while you handle the rest yourself. Get matched and we'll introduce you to two or three.
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Get matchedCommon questions
What is a McKenzie friend?
A McKenzie friend is someone who helps you in court when you don't have a lawyer. They can sit next to you, take notes, help with your papers and quietly give you advice. They can be a friend, a relative, a volunteer or someone you pay. They aren't your lawyer and can't usually speak for you.
Can a McKenzie friend speak for me in court?
Not usually. A McKenzie friend can't talk to the judge, make your arguments or question witnesses unless the judge gives special permission. Judges rarely allow it, and almost never for paid or professional McKenzie friends.
Do I need permission to bring a McKenzie friend?
You don't need to apply, but the judge has to agree. Tell the court as soon as you can who your McKenzie friend will be, with a short note about them. In most cases the judge will allow it. The court can refuse or limit their help if it isn't in the interests of justice.
How much does a McKenzie friend cost?
A friend or family member usually helps for free. Research published in 2017 found paid McKenzie friends typically charged £30 to £90 an hour, or £200 to £500 for a hearing. Get the full cost in writing before you agree. You can't claim their fees back from your ex.
Can I object to my ex's McKenzie friend?
Yes. Tell the court why, as early as you can, and the judge will decide. Good reasons include the person being a witness, having their own stake in the case, having behaved in a threatening way, or being likely to share private papers. Being a relative of your ex isn't enough on its own.
Can I show my McKenzie friend my court papers?
Yes. The rules let you share information and documents from your case with a McKenzie friend so they can help you, including in private children cases. They must keep it confidential. Posting about a private children case online can be contempt of court.
Can a McKenzie friend cross-examine my ex if there has been domestic abuse?
No. A McKenzie friend can't question witnesses. Where there's evidence of domestic abuse, the law also stops either of you questioning the other in person. If needed, the court appoints a qualified lawyer to ask the questions instead, paid for from public funds.
Can I get my McKenzie friend's fees back from my ex?
No. The court's guidance says fees you pay a McKenzie friend for help and advice can't be recovered from the other side. Budget for them as your own cost.
Sources
- Master of the Rolls and President of the Family Division, Practice Guidance: McKenzie Friends (Civil and Family Courts), 12 July 2010
- McKenzie v McKenzie [1971] P 33, [1970] 3 WLR 472, Court of Appeal, 1970
- legislation.gov.uk, Legal Services Act 2007, section 14
- legislation.gov.uk, Legal Services Act 2007, section 17
- Ministry of Justice, Family Procedure Rules, Practice Direction 12G (communication of information)
- legislation.gov.uk, Administration of Justice Act 1960, section 12
- Leanne Smith and Emma Hitchings, McKenzie friend or foe?, Counsel, December 2017
- Legal Choices (Legal Services Board), McKenzie Friends
- Society of Professional McKenzie Friends
- Lord Chief Justice and Judicial Executive Board, Reforming the courts' approach to McKenzie Friends: consultation response, February 2019
- legislation.gov.uk, Matrimonial and Family Proceedings Act 1984, Part 4B (prohibition of cross-examination in person)
- GOV.UK, Registration for cross-examination work in family and civil proceedings (qualified legal representative scheme)
- Family Justice Council, Guidance on responding to allegations of alienating behaviour, December 2024
- GOV.UK, Legal aid: domestic abuse or violence
- GOV.UK, What to expect if you are in the express financial remedy pilot
Keep reading
This guide is general information, not legal advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 10 November 2026.