What to expect at a Financial Dispute Resolution hearing
If you have attempted to resolve the division of assets with your former spouse or civil partner and have exhausted all possible forms of dispute resolution without success, the last resort is to make a financial application to the Court by using Form A.
The Court will set a strict timetable as to when financial disclosure will need to be provided by you and your former spouse or civil partner. Once this step has been completed, the First Appointment Hearing (FDA) will take place. This is the first of three possible hearings and is usually used to determine what further evidence is required before formal negotiations can begin.
If your case is not particularly complex and there are no assets which require a formal valuation to be obtained, the FDA hearing can be combined with the Financial Dispute Resolution Hearing, often called an FDR hearing. This is a private court hearing and is aimed at trying to assist parties in settling any dispute over finances.
The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement. It provides an opportunity for everyone to gather in court to discuss all the financial issues and to seek the guidance from an experienced judge on the legal position. Most disputes can be resolved at this stage, without the need for a final hearing.
Providing Financial Disclosure
The Court will expect you and your former spouse or civil partner to each provide proof of all financial assets and liabilities, as well as having completed Form E which outlines the relevant information, such as your future financial needs and the needs of any children. Form E’s are filed with the Court and exchanged between parties so you will each see the other’s information.
It is important to provide full disclosure of your assets, and you should be satisfied that you have seen a full disclosure of your former spouse or civil partner’s finances. Any queries over missing information should be dealt with in advance of the hearing and can be raised in a formal questionnaire.
Having discussed the financial information with your family solicitor, you may have put forward or received a proposal to settle. If offers have been rejected, then the judge will need to be made aware of the details. The judge is then able to tailor their advice and guidance to each party appropriately.
The FDR hearing, by its very nature, will only be successful if both people are willing to settle. In advance of the hearing, you should consider where you feel you could be more flexible. If you are intent on buying out your former spouse or civil partner’s interest in an asset, for example the family home, then you may also need to come prepared with what finances you can raise to do so. Being open minded and prepared to consider creative solutions will be of benefit.
It can be a long day at the court hearing, so it is best to make sure you have booked the day off work and that you have made appropriate childcare arrangements. On a practical front, bringing water and snacks to court can also be a good idea.
What happens at the hearing?
On the morning of your hearing, you will usually meet with the barrister you have chosen to represent you in the case. They will take your updated instructions and discuss potential outcomes.
You will not be expected to give any evidence, as your barrister will put your case to the judge. Your former spouse or civil partner’s case will also be put to the judge.
The judge will raise any questions or queries they have with the barristers. In some situations, it will be clear to a judge from what is said, and from the previous offers made, that one party is behaving unreasonably. The judge can highlight their views on this in the hope of encouraging a more rational approach.
The judge will then outline what they would do with the case if they were making a decision about it on that day. This is an indication from the judge, not a final decision.
The judge normally allows the parties some time to engage in further discussions outside of the courtroom. Quite often, hearing an objective independent judge’s opinion is enough for people to be able to reach an agreement.
The discussions will be undertaken by the two barristers involved. You will not be expected to discuss the matter directly with your former partner. The judge will normally be available should any further issues arise out of the negotiations.
If a resolution is reached, then the barristers can draft the Financial Order for each party to sign which can be placed before the judge for approval and made into a final order.
What if we cannot reach agreement at the hearing?
If no agreement can be reached at this stage, then your case will be listed for a Final Hearing in front of a different judge. The discussions that occurred at the FDR hearing will not be disclosed to the new judge.
You will be expected to give evidence at the Final Hearing, and this time the judge will make a final decision on what is to happen.
It is sensible to continue to try and reach a settlement before the Final Hearing. If a settlement can be achieved it will save you considerably in relation to costs. It can also save time, as there are normally several months between an FDR Hearing and a Final Hearing.
For further information, please contact us.
Katherine Parker is a solicitor in the Family department at Barker Gotelee Solicitors in Suffolk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.