Family Law
FDR Hearing Barristers
Representation at the Financial Dispute Resolution hearing in financial remedy proceedings, in court or at a private FDR.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
The Financial Dispute Resolution hearing, or FDR, is the second main hearing in financial remedy proceedings following a divorce or dissolution. Proceedings start when one party files Form A after attending a MIAM, unless exempt. The court then lists a First Directions Appointment (FDA), and both parties exchange their financial statements on Form E before it. At the FDA the court decides what further disclosure and valuations are needed and, in most cases, lists the FDR.
The FDR is a meeting for negotiation, not a trial. The judge reads the papers, hears short submissions from each side, and gives an indication of the likely outcome if the case went to a final hearing. Both parties must file details of their offers and proposals beforehand. Offers made for the FDR are without prejudice, which means they cannot be referred to at any later final hearing, and the FDR judge cannot go on to hear the final hearing.
Many cases settle at or shortly after the FDR. If they do, the agreement is recorded in a consent order. If they do not, the court gives directions for a final hearing, and each party must then set out open proposals, which the court can see. Calderbank offers generally do not carry costs consequences in financial remedy proceedings, but the court can take into account a failure to negotiate openly, reasonably and responsibly when deciding whether to make a costs order.
Some couples choose a private FDR, where they jointly pay an experienced practitioner to act as the FDR judge, often to get more time and attention than a busy court list allows. A Direct Access Barrister can prepare your case, draft your position statement and offers, and represent you at a court or private FDR. You remain responsible for your disclosure and for filing documents.
What FDR Hearing Barristers Do
FDR Advocacy
Your Barrister can:
- Present your case to the FDR judge
- Negotiate with the other side throughout the day
- Respond to the judge's indication
- Draft heads of agreement if settlement is reached
- Represent you at a private FDR
- Represent you at the FDA or final hearing
Legal Advice
Clear guidance on:
- Likely range of outcomes
- Sharing, needs and compensation arguments
- Pension sharing and offsetting
- Spousal and child maintenance
- Whether an offer is worth accepting
- Costs risks of going to a final hearing
Document Drafting
Your Barrister can draft:
- Position statements and case summaries
- Without-prejudice offers and responses
- Open proposals for the final hearing
- Questionnaires on the other party's Form E
- Asset schedules and chronologies
- Consent orders and statements of information
Your Barrister drafts these documents. You file them at court and send them to the other party as directed.
What You Handle
With Direct Access you:
- Complete Form E with full disclosure
- Gather bank, pension and property documents
- Answer the other party's questionnaire
- Obtain valuations and pension CETVs
- File Form H costs estimates
- Pay court fees and file documents
How Direct Access Works
- 1
Initial Consultation
Your Barrister reviews your finances, the marriage and your goals, and advises on the likely range of outcomes and whether court proceedings are needed.
- 2
Form A and Form E
After a MIAM or exemption, Form A is filed and the court lists the FDA. Both parties exchange Form E with supporting documents ahead of the FDA.
- 3
First Directions Appointment
Your Barrister can represent you at the FDA, where the court deals with questionnaires, valuations, expert evidence and the listing of the FDR.
- 4
FDR Preparation
Your Barrister prepares a position statement and helps you formulate realistic without-prejudice offers, which are filed with the court before the hearing.
- 5
The FDR Hearing
Your Barrister presents your case, hears the judge's indication and negotiates. If agreement is reached, heads of agreement or a draft consent order are prepared.
- 6
Settlement or Final Hearing
If the case settles, a consent order is sealed. If not, your Barrister prepares open proposals and your case for a final hearing before a different judge.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What is the difference between an FDA and an FDR?
The First Directions Appointment is mainly procedural. The court identifies the issues, decides what further disclosure and expert evidence is needed, and sets the timetable. The FDR is a negotiation hearing where the judge gives a view on the likely outcome to help the parties settle.
Is the FDR judge's indication binding?
No. The indication is not a decision. It is the judge's view of the likely outcome based on the papers and submissions. It is often highly persuasive, but either party can reject it and proceed to a final hearing, where a different judge will decide the case.
What does without prejudice mean in an FDR?
Offers and discussions for the purpose of the FDR are confidential to the settlement process and cannot be shown to the judge at a final hearing. This allows the parties to negotiate frankly without their offers being used against them later.
What are open offers and Calderbank offers?
An open offer is one the court can see when deciding the case and costs. A Calderbank offer is made without prejudice except as to costs. In financial remedy proceedings Calderbank offers generally cannot be referred to on costs, but open proposals must be filed before the final hearing and the court can consider a party's failure to negotiate reasonably when deciding costs.
What is a private FDR?
A private FDR is arranged outside the court system. The parties agree to instruct and pay an experienced family practitioner to act as the FDR judge. It can offer more time and earlier dates, but the outcome is still an indication rather than a decision, and any agreement is still made into a court order.
What should I bring to the FDR?
Your Barrister will tell you what is needed, but usually you should bring copies of your Form E, key documents, any recent updates on your finances, and be ready to take decisions on the day. Expect a long day with much of the time spent negotiating outside court.
Can I be represented at the FDR by a Barrister without a Solicitor?
Yes. Through Direct Access you can instruct a Barrister for the FDR alone or for the whole case. You remain responsible for preparing disclosure and filing documents, with your Barrister advising on what is required.
How much does FDR representation cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Make the Most of Your FDR
A specialist financial remedy Barrister can help you negotiate a fair settlement and avoid a costly final hearing.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.