What to Expect at a Financial Dispute Resolution (FDR)

Without Prejudice’ Proposals

Before an FDR, the parties’ will usually exchange ‘Without Prejudice’ proposals. These proposals assist in giving the parties the idea of what can or cannot be agreed between them. As the focus of an FDR is on negotiation and making an agreement, the Judge will usually have read the Without Prejudice proposals and they can be referred to at the hearing. It should be noted that if the case proceeds to trial, the ‘Without Prejudice’ offers cannot be referred to.

Documents in an FDR Court Bundle

The applicant’s solicitors will prepare a court bundle for the judge to review. The documents within the court bundle will assist the judge in determining whether a proposed agreement is fair or not.

Key documents within the court bundle include the ES1 and ES2. The ES1 provides a case summary of key circumstances of the case. For example, the ES1 will state length of marriage, date of separation and what orders are being sought by each party.

The ES2 is a schedule of what each party owns regarding their assets, liabilities and income. This provides the Judge with a comprehensive breakdown of what is owned by each party individually, how much they might owe and how much they earn.

What happens at the FDR?

On the day of the FDR, if you have legal representation, you will meet your solicitor or barrister an hour before the hearing. This will give a chance for your legal representation to attempt negotiations with the other party prior to the hearing.

At the hearing itself, each party’s legal representation will give an overview of their client’s financial positions. If a party is self-represented, the Judge can hear from them or just refer to the financial disclosure documents provided in the court bundle.

The Judge will then give an indication of what would happen if the case proceeded to trial. The indication is not binding but will assist the parties in their negotiations in reaching a fair agreement.

What happens if an agreement is reached at FDR?

The agreement will be drawn up into a document called a consent order. The consent order would need to be signed by all the parties and approved by the Judge.

As mentioned earlier, if no agreement is reached at the FDR, the case will proceed to trial.