A Financial Dispute Resolution (FDR) hearing is the second main court hearing in financial remedy proceedings during a divorce or dissolution of civil partnership proceedings in England and Wales.
It is a settlement-focused hearing where a judge gives an indication of what they believe a fair financial outcome might look like, based on the evidence provided. The aim is to help the parties reach an agreement without progressing to a final trial.
This indication is not binding on either party, and the judge who conducts FDR will not hear the final hearing if the case is unable to be resolved at the FDR.
1. What does a Financial Dispute Resolution hearing mean?
An FDR is a court hearing in financial remedy proceedings where the judge provides guidance to the parties as to how he sees the likely outcome of the case if it proceeded to trial. The purpose of the hearing is to try to narrow issues and encourage the parties to reach a settlement agreement rather than incur further costs in a final hearing.
2. What happens at an FDR hearing?
Each party provides a full picture of their current financial circumstances. The judge will then give a non-binding indication of where he thinks the parties should reasonably settle. Discussions will normally take place on the same day.
3. Is a Financial Dispute Resolution legally binding?
No. The judge’s views are advisory only. The judge does not make a binding order at the FDR and can only do so if the parties reach an agreement, which is then approved by the court.
4. Do I have to attend a Financial Dispute Resolution?
Yes. You are expected to attend your FDR hearing. These hearings are an integral part of the financial remedy process.
5. Can a case settle at the FDR?
Yes. The FDR is a great opportunity to settle. It allows each party to obtain an indication from the court as to how it views the case. This normally allows parties to see the very real prospect of what would happen if they were to lose at trial and encourages settlement.
6. What happens after the FDR if we don’t reach an agreement?
If there is no agreement reached at the FDR, then the matter will proceed to a Final Hearing, wherein a Judge will make a binding decision as to how the finances should be dealt with.
7. How should I prepare for an FDR?
You should have carried out full and frank disclosure beforehand ( Form E ), filed and served proposals for settlement and been prepared to negotiate your position at the hearing. Legal representation is recommended.
8. What is the difference between an FDA and an FDR?
- The First Directions Appointment (FDA) will deal mainly with issues relating to the management of the case and disclosure.
- The FDR focuses on encouraging the parties to settle. The judge will indicate how he sees the case progressing if it goes to trial.
9. Can I have a private FDR?
Yes. Private FDRs are becoming increasingly popular now. A specialist family law barrister can act as “ Judge “ and give you an indication as to how he would deal with the case if it were before him. Not only can these indications be obtained more quickly, but the advice given can be more tailored to what you want from the proceedings.
10. How long does an FDR take?
FDR hearings will usually last half a day. Negotiations can continue until the early hours of the afternoon!