McKenzie Friend

Gap #592

The assumption

A mortgage capacity report is just the figure a comparison site gives me, so I can sort it out myself.

The reality

A mortgage capacity report is a written statement from a regulated mortgage adviser setting out what a lender would realistically advance to that person, on what basis, and against the housing need being put forward. It has to reflect the real picture: income, existing credit commitments, child maintenance, deposit or share of equity, and age at the end of the term. A calculator figure usually leaves most of that out, and a report that leaves it out is the one most likely to be challenged. In financial remedy proceedings a report like this is normally directed as part of disclosure, rather than left to each party's own say-so. In the Express Financial Remedy pilot the timetable places valuations and mortgage capacity evidence shortly after Form E, so the deadline arrives sooner than most people expect. Reports are usually arranged over days or weeks rather than on the day, which is why the adviser needs to be in place before the direction bites. A McKenzie Friend cannot prepare the report or give mortgage advice; that has to come from a regulated adviser. What they can do is help you work out what the direction is actually asking for, keep the figures you disclose consistent with your Form E, and point you towards advisers who prepare these reports for litigants. Help Network (helpnetwork.co.uk) is one service people use: it prepares court-ready mortgage capacity reports and works alongside solicitors, mediators and McKenzie Friends. Treat any introduction as a starting point rather than a recommendation. Check the adviser's regulation yourself, agree the fee in writing before anything is prepared, and be sure the report addresses the housing case you are actually putting to the court.

Gap #555

The assumption

Completing free or low-cost online courses (like Alison) counts as a qualification the court will recognise in family court proceedings.

The reality

Free or low-cost online courses (like Alison) do not count as a recognised qualification in UK family court proceedings. The court does not accept unaccredited online certificates as evidence of legal knowledge, parenting ability, or professional competence. A McKenzie Friend's value comes from direct experience of family court procedure, not from completing online courses. If you are a litigant in person, these courses may help you understand general concepts, but they carry no weight with the court and should not be presented as qualifications.

Gap #548

The assumption

A McKenzie Friend can look at your figures and tell you what a fair settlement amount to ask for is.

The reality

A McKenzie Friend cannot give you legal advice on what figure to ask for — that is reserved to a solicitor. What a McKenzie Friend can do is help you understand the process, the factors the court considers, and how to prepare your case. For a fair-figure review of your finances, a solicitor offering a fixed-fee consultation or a free initial appointment is the right port of call. A McKenzie Friend supports you through the process; a solicitor advises you on the law.

Gap #576

The assumption

A solicitor and a barrister are the same thing.

The reality

A solicitor and a barrister are two different roles. A solicitor manages your case day to day: they give you advice, prepare your documents, handle correspondence, and negotiate with the other side. A barrister is a specialist advocate who presents your case in court, argues before the judge, and cross-examines witnesses. Usually your solicitor instructs a barrister for you if your case reaches a hearing. You can also instruct some barristers directly through Public Access. If you are a litigant in person, you may have neither, but a McKenzie Friend can help you with preparation and sit beside you in court.