Private financial dispute resolution

Private guidance is tailored to your specific situation. There are various advantages, including:

• Minimal delays
• They can take place before court proceedings begin or at any stage during the court process
• Both you and your ex-partner can choose an evaluator that you and your lawyers have confidence in
• The evaluator will have had the chance to read all the case papers, meaning they’ve had the chance to fully prepare for the pFDR.

Court FDRs have a high success rate for settling cases at or soon after the hearing, but there are certain drawbacks, including:

• You will often have limited time with the judge
• The FDR can only take place at a specified time in the progress of a case
• Court lists are congested, so there’s often delay before the FDR can begin
• As with all court hearings, you and your ex-partner can’t choose who the judge will be
• The judge may only be allocated the case the day before among many other cases in their list - so they might not have read your specific case papers before the hearing.

You will meet with your legal representative before the hearing, who’ll take your instructions and make sure you are aware of possible outcomes. At the hearing, the judge will raise any queries with your legal representative, who’ll present your case as if they were in court. If the judge believes you or your ex-partner is being unreasonable, they’ll encourage a more realistic solution, and give you a likely outcome if you were to proceed to a final court hearing.

You can have further discussions with your ex-partner if needed, or your solicitor can do this on your behalf. If a resolution is reached, your lawyers will draft an agreement for you and your ex-partner to sign. This will be put before the judge to approve as a final order.

It’s always advisable to try and reach a settlement before any final hearing, as this will save you considerable time and costs. If you can’t reach an agreement at a pFDR hearing, your legal representative will advise you about next steps, which could include:

• Mediation
• Arbitration
• Applying to court.

All discussions during a pFDR (including the judge’s indication) are without prejudice. The judge that deals with your final hearing won’t know details of the pFDR hearing. At the final hearing, you will be expected to give evidence and the judge will make the final decision on what happens.

You will both need to give proof of all your financial assets and liabilities, and complete a financial statement for a financial order (Form E). This details everything the court will need to consider, such as your financial needs and your children’s needs. You will be able to see each other’s forms.

You must disclose all your assets, as must your ex-partner. If you believe they haven’t disclosed any assets, you can raise this. If anything is missing from a Form E, this should be corrected before the hearing. The judge will be given any previous settlement offers.

It’s always advisable to go in with an open mind, and having thought about areas you could be flexible in - FDRs are only worth trying if both parties have a willingness to settle.