What to Expect at a Financial Dispute Resolution (FDR) Hearing?

If you’re going through a divorce or separation and struggling to agree on financial arrangements, the Financial Dispute Resolution (FDR) hearing can be one of the most important stages in reaching a fair outcome. It’s often the point where both sides come face to face, guided by the court’s input, to find a realistic and balanced resolution before trial. Knowing what to expect helps you approach it with confidence, clarity, and control.

Understanding the Purpose of an FDR Hearing

The FDR hearing isn’t a trial. Its main goal is to encourage settlement. It gives both parties a structured opportunity to negotiate, with the judge offering guidance based on their experience of similar cases. While the judge doesn’t make a binding decision at this stage, their opinion can carry significant weight in shaping the final agreement.

In most cases, the FDR is the second of three hearings in the divorce financial settlement process. It follows the First Directions Appointment (FDA), where both sides disclose financial information and agree on what evidence needs to be produced. The FDR focuses on turning that information into practical, fair solutions.

Preparation Before the Hearing

Preparation is everything. Before attending your FDR, both parties must file updated financial disclosure and proposals for settlement. These are usually accompanied by position statements prepared by your solicitor or barrister.

The key is transparency. The court expects full and honest disclosure of all assets, income, debts, and liabilities. Hiding or minimising financial information can seriously harm your case later. The better prepared you are, the more productive your FDR will be.

The Atmosphere on the Day

Despite the formal setting, an FDR hearing is often less intimidating than people expect. It’s typically held in private. Both parties, along with their legal representatives, attend.

You won’t be asked to give evidence or cross-examined. Instead, each side presents their financial position and suggestions for settlement. The judge then gives an impartial view on what outcome they believe would be fair if the case were to go to trial.

The Judge’s Role in an FDR

The judge acts as a neutral facilitator. They review the financial evidence and hear both sides’ arguments before giving an indication of what the court would likely decide in a final hearing.

This indication is not legally binding, but it’s designed to help both parties see the potential risks and benefits of continuing to trial. Many couples choose to settle at this point, saving both time and money.

Negotiation and Settlement Opportunities

After the judge provides their view, there’s usually a break for negotiation. This can take place in a side room, over the phone, or with solicitors acting as intermediaries. It’s an opportunity to make concessions and explore realistic solutions.

Reaching an agreement at this stage avoids the need for further hearings. It’s common for both parties to compromise slightly, guided by what the judge has indicated would be fair.

If a settlement is reached, it can be drafted into a consent order and submitted to the court for approval, finalising the financial arrangements legally and efficiently.

When an Agreement Isn’t Reached

Sometimes, even after a fair amount of negotiation, an agreement can’t be achieved. If this happens, the case will move toward a final hearing. The judge who conducted the FDR won’t be the same judge overseeing the final trial - this ensures impartiality.

Although unresolved cases proceed further, the FDR is rarely a wasted effort. It narrows the issues in dispute and helps both sides understand the likely direction of the final judgment.

Common Challenges People Face at an FDR