Closing Submissions in Family Law Trials: How to Finish Strong

Closing submissions are the final opportunity to bring together the evidence, the law, and the theme of a case in a way that guides the judge toward the desired outcome. Despite their importance, they are often misunderstood as something created at the end of the trial. In reality, effective closing submissions begin before the last witness steps down. They reflect ongoing preparation, disciplined organization, and a commitment to presenting a clear, consistent theory of the case. 

Closing Submissions Must Be Drafted Throughout the Trial 

Trials are demanding, and family law trials in particular can involve overlapping factual disputes, emotionally complex testimony, and a substantial documentary record. For this reason, counsel should never wait until the final day of evidence to begin preparing closing submissions. 

Instead, closing submissions should be a running document, updated daily to incorporate: 

• The oral evidence that has just been heard 

• The exhibits that have been entered 

• Any admissions made during cross-examination 

• Any clarifications or concessions from opposing witnesses 

• The evolution of the key issues in dispute 

Drafting as you go ensures accuracy and helps counsel maintain control over the narrative. The passage of time and the sheer volume of information can distort or erase details that matter. A daily update preserves the nuances of each witness’s demeanour, the tone of answers, moments of hesitation, contradictions, and the small but significant statements that may become central to the final argument. 

It also allows counsel to continuously test the strength of their case theory. If evidence differs from expectations, promptly adjusting the draft submissions allows for strategic course correction instead of last-minute scrambling. 

Openings and Closings Should Align—Even Though They Serve Different Purposes 

Although opening statements and closing submissions perform different functions, the best trials demonstrate a clear relationship between the two. 

• Opening statements outline what the evidence will show. They orient the judge, identify the issues, and present the framework for how the case will unfold. 

• Closing submissions demonstrate what the evidence did show. They marshal the actual record and apply the law to those findings. 

An opening is, in essence, a roadmap. The closing is the completed journey. A powerful closing submission is one that allows counsel to say: 

“Your Honour, when we began, we told you the evidence would show X. Over the course of this trial, that is exactly what the evidence demonstrated.” 

This consistency builds credibility. Judges notice when counsel delivers on what they promised. A perfect trial would allow counsel to take each paragraph of the opening statement and recast it in the closing as a factual conclusion supported by evidence. 

Conversely, an opening that bears no resemblance to the closing invites the inference that the theory was flawed, the evidence did not cooperate, or counsel overstated their case. 

When Themes Must Shift 

Trials are unpredictable, and sometimes the evidence takes a truly unexpected turn. In family law, for example: 

• A party may admit on cross-examination that they failed to disclose significant debts or assets. 

• A parenting assessor may testify in a manner inconsistent with their written report. 

• A witness expected to be neutral may show clear partiality or contradiction. 

When these events occur, counsel may need to modify the trial theme. However, the closing should demonstrate a coherent path from the opening to the final argument. Any evolution in theory should be both clear and justified by the evidence that has emerged. 

Focus on the Evidence That Actually Matters—Especially on Credibility 

Closing submissions are not an opportunity to re-argue the entire trial. Instead, counsel must isolate the evidence that genuinely moves the needle on the issues in dispute. 

Family law trials often centre on: 

• Credibility and reliability 

• Parenting capacity and insight 

• Income, accounting, or valuation concerns 

• Compliance with disclosure and court orders 

• The reasonableness of positions taken 

In many cases, the judge’s findings on one or two central issues will determine the outcome. Therefore, closing submissions should: 

• Emphasize the strongest, clearest pieces of evidence 

• Revisit key moments of cross-examination 

• Highlight contradictions between testimony and documents 

• Draw attention to evasiveness, inconsistency, or selective memory 

• Demonstrate how the evidence supports your client’s version of events 

For example, if credibility is pivotal, counsel should avoid vague statements like “the witness was evasive.” Instead, they should cite precise instances, such as the unanswered questions, the contradictions between affidavits and oral testimony, the new information that emerged only under cross-examination, or the failure to explain discrepancies in financial disclosure. 

Judges rely heavily on counsel to guide them through the evidentiary record. Focused submissions are more persuasive than sprawling summaries that cover every detail. 

Closing Is Where Law and Evidence Converge 

After establishing the key factual findings the judge should make, counsel must connect those findings to the governing legal framework. This is where statutory provisions, binding case law, and persuasive jurisprudence come into play. 

The law should not be recited for its own sake. It should be used to demonstrate that: 

• The evidence, when properly understood, satisfies the legal test 

• The remedy requested is consistent with both precedent and principle 

• The judge can decide in your client’s favour with confidence that the law supports the outcome 

For parenting cases, this may involve applying the best interests analysis under the Children’s Law Reform Act or Divorce Act. For spousal support cases, it may involve discussing Spousal Support Advisory Guidelines, compensatory vs. non-compensatory claims, or the statutory objectives under the Divorce Act. For property cases, it may involve highlighting the presumptions and exceptions under equalization rules. 

Know Your Judge 

A critical element of effective submissions is knowing your audience. A judge who hears family law matters regularly may not need a full review of basic statutory concepts, such as: 

• The objectives of child support 

• The factors influencing parenting orders 

• The starting point for spousal support analysis 

However, assuming that a judge is familiar with the intricacies of family law can be a costly mistake. Many judges who are not specialists in family law preside over family trials. In such cases, a clear, concise, well-structured legal framework is essential. 

Provide Written Submissions to the Judge 

If your closing submissions are as strong as they should be, you will want to provide a written copy to the judge.

Written submissions: 

• Allow the judge to follow your argument in real time 

• Provide a reference document when the judge retires to write reasons 

• Reinforce the clarity, organization, and professionalism of your advocacy 

• Reduce the risk that key points are misunderstood or forgotten 

Judges routinely express appreciation for written submissions that are concise and anchored in the evidence.  

Conclusion 

Closing submissions are the culmination of thoughtful preparation, disciplined trial management, and a clear theory of the case. They should be developed throughout the trial, aligned with the opening statement, focused on the key evidence, grounded in the law, and presented in a format that facilitates the judge’s understanding.