Background information for divorcing parties

 

A clearer, faster way to resolve financial issues on divorce

 

Sorting out finances during a divorce can feel overwhelming.  The court process can be slow and stressful, and it isn’t always easy to know what a fair outcome looks like.  Our service gives you, your former partner and your lawyers, a structured opportunity to reach an agreement more quickly than using only HM Courts and Tribunals Service.

​

What are FDRs?

​

Usually, during the 'financial remedy' process, the Court will arrange for a Financial Dispute Resolution (FDR) hearing.  This 'without prejudice', less formal hearing involves a judge looking at a case and telling the parties and their lawyers what the judge thinks the outcome will be if the matter proceeds to trial.  The judge's view is not binding, but can often be persuasive.   After hearing from the judge, the parties' lawyers will find a spot in the court building to negotiate a deal on their client's behalf, based on the judge's indication and their client's instructions.  80% of cases usually settle at or shortly after the FDR stage.

​

Our service

​

We offer 'private FDRs'.  Our expert evaluator (we cannot call them a 'judge' as they are acting in a private capacity) will provide the parties and their lawyers with an indication just like a judge does at court.  We can offer a private FDR quicker than the court can offer a standard FDR.  This helps the parties resolve the financial side of their divorce more quickly, allowing them to move on sooner and save the legal expense of ongoing legal correspondence.

​

Our price - why are we so inexpensive?

​

Over the past decade, private FDRs have become increasingly popular, especially among divorcing parties who are wealthy.  The costs of a private FDR are typically between £4,000 and £9,000 (depending on the seniority of the barrister who acts as the evaluator).

​

Our standard price, however, is £1,200 plus VAT (or £600 plus VAT each, if the parties are splitting the price 50/50).​  Our business model allows us to offer a significantly reduced price, because where possible we adopt a 'hybrid' hearing model.  This means:​

• You and your legal advisers meet together in person in the traditional way, where negotiations are most productive.  This will likely be at the one of the parties' solicitors' offices or at the chambers of a party's barrister.

• The evaluator joins remotely via secure video, helping keep costs manageable while still providing expert guidance.

This combination offers the benefits of face-to-face discussion with the convenience and affordability of remote evaluation.

 

What a private FDR hearing can help with

 

A private FDR hearing can assist in resolving all aspects of a financial dispute, including:

• what are the 'matrimonial assets'

• how property and assets should be divided

• maintenance arrangements

• pensions

• savings and investments

• any other financial matters linked to the end of the marriage or civil partnership

It is not a trial. Instead, it is a chance to reach a fair outcome without the stress, uncertainty or delay of a final hearing in court.

 

How the process works

1. Get permission from the Court for the private FDR hearing. 

Your lawyers can do that.

2. Agree a date
Your solicitors contact us to confirm availability and book your private FDR.

3. Prepare the documents
Each side provides the necessary financial information in advance, usually the same documents required for a court FDR.

4. The pFDR day
You and your lawyers meet in person. The evaluator joins remotely, reviews the issues, and gives an indication of the likely outcome if the case went to trial.

5. Negotiation
Guided by that indication, your legal teams work together to reach an agreement that feels fair and workable.  You and your lawyers can come back before the evaluator again later in the day, if that aids negotiation.

6. Recording the agreement
Once both sides are satisfied, your solicitors can draw up a consent order for approval by the court.

 

Is the outcome binding?

 

A private FDR does not produce a binding decision.  However, if an agreement is reached, your solicitors can turn it into a consent order that is then submitted to the Financial Remedies Court (the part of the Family Court which handles the process) for formal approval.  Most private FDRs lead to settlement because both parties have a clearer understanding of the likely outcome.

 

Why choose a private FDR hearing?

• Faster — avoid long court delays

• Less stressful — the parties have more control of the negotiated outcome, rather than having an outcome imposed on them by a judge at trial

• Accessible — our hybrid model keeps the costs low

• Supportive — your legal team stays with you throughout

Our goal is to create a calmer, more constructive environment where you can reach a fair and lasting agreement.

 

Next steps

 

If you think a private FDR might be right for your situation, please speak to your legal adviser. They can contact us to discuss availability and the practical arrangements.  If you’d like to ask us a question directly, feel free to get in touch via the form below or via email.