Communications, statements, or offers made openly — not marked 'without prejudice' — so they form part of the official case record and can be shown to the court. When you have a solicitor, your case is conducted on the record: the formal letters, position statements, and open proposals your representative sends are part of the official proceedings and can be referred to later. This is the opposite of 'without prejudice' negotiations, which stay private and can't usually be put before the judge. Being 'on the record' also means your solicitor is formally acting for you in the proceedings — the court and the other side deal with them as your representative, and what they say on your behalf binds you. A litigant in person conducts their own case on the record themselves, so their own letters and statements carry the same formal weight.
In Plain English
Anything you say or write to the court or the other side that isn't kept private and can be shown to the judge. It also means a lawyer is officially acting for you, and their actions or statements count as your own.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
Find your supportWe use essential cookies only to provide you with the best experience on our website. No tracking or analytics cookies are used.