Financial Remedies Hearings

In family court proceedings for financial settlement, there are three stages of hearing:

1. First Directions Appointment
2. Financial Dispute Resolution
3. Trial

Therefore, the First Directions Appointment is the first stage in financial remedy proceedings.

Do I need to speak at a FDA hearing?

• If you have legal representation with you at the hearing, you will not need to speak to the judge directly
• If you are attending the FDA as a litigant in person, you will need to speak to the judge directly when necessary
• If you are a litigant in person, the Judge will take extra care to explain the court procedure and any directions to you, as they understand that you are unfamiliar with the procedure and that you do not have legal representation present.

What exactly happens at a FDA?

• We encourage you to arrive at court an hour before the time of the hearing. This is to allow time for negotiations with the other party.
• If an agreement is not reached before you go into court, the judge will give directions.
• The directions given by the judge are drafted into an order.

What is the purpose of an FDA?

• An FDA will clarify what additional information the parties may need to reach a financial settlement.
• In some cases, a expert pension report may be necessary, or there may be need to be a valuation of a business.
• In most cases, there will be directions for three valuations to be obtained of the family matrimonial home.
• If one of the parties has missed out some questions in the questionnaire, the Judge can rule on whether the questions are fair and proportionate, or whether they can be ruled out completely.

This means that if the case proceeds to a Financial Dispute Resolution Hearing (FDR), the parties and their legal representation have access to all the information needed to reach a fair financial settlement.