Financial remedy: what happens in court
The court process for dividing finances when you cannot agree. Three hearings, each with a different purpose, explained in plain English.
Court fee
£313
to apply
Typical process
3 hearings
FDA, FDR, final
Key hearing
FDR
judge gives an indication
Typical timeline
~12 months
varies by court
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FDA (First Directions Appointment)
A short procedural hearing where the judge checks both parties have filed Form E - A detailed financial disclosure form. Both parties must fill one in during financial proceedings, listing all income, assets, debts, and expenses. and sets a timetable for the case. The judge may ask for additional documents or valuations. This hearing is about organisation, not outcomes. It usually lasts 15 to 30 minutes.
FDR (Financial Dispute Resolution)
Most importantThis is the most important hearing. The judge reads both Form Es and gives an indication of what they think a fair outcome would be. This is designed to help you settle. The indication is not binding, but it carries significant weight because it shows you what a judge is likely to order if the case goes to a final hearing.
The FDR - Financial Dispute Resolution hearing. A special hearing where a judge gives an indication of what they think is a fair outcome, to encourage settlement. Anything said at the FDR stays confidential. judge cannot hear your case again if it goes to a final hearing. This is to encourage frankness: both parties can negotiate openly knowing the FDR judge will not be the one making the final decision.
Final hearing
If you still cannot agree after FDR, a different judge hears evidence and makes a binding decision. Both parties give evidence, are cross-examined, and the judge decides how to divide everything. This is the full court hearing, and it can last a full day or more.
How to prepare for each hearing
FDA
Make sure your Form E is complete and filed on time. The court takes deadlines seriously. If your Form E is late or incomplete, the judge may make costs orders against you or adjourn - A pause or postponement of a hearing, either for a short break during the day or to a later date. You can ask the judge for one if you need time to compose yourself or read a document. the hearing, which delays everything.
FDR
Prepare a concise position statement - A short document you give to the judge at the start of a hearing summarising your position, what you’re asking for, and any key issues. Usually 1-2 pages. explaining what you want and why. This should be no more than a few pages. Bring proposals for settlement: a clear offer that shows the judge you are being reasonable. This is the hearing where most cases settle, so come ready to negotiate.
Final hearing
You will need a court bundle - An organised file of all the documents the court needs for a hearing, indexed and paginated. Both parties usually need to agree on its contents. (an organised set of all documents for the judge), a witness statement setting out your position in detail, and you should be prepared for cross-examination. Your ex (or their solicitor - A lawyer who manages your case day to day, handles paperwork, gives legal advice, and instructs a barrister when needed. Unlike barristers, solicitors deal with you directly and handle the ongoing relationship.) will ask you questions under oath.
When you need professional help
FDA
You can manage this yourself with preparation. The hearing is procedural. Make sure your paperwork is in order and you know what documents the court has asked for.
FDR
Strongly consider at least a direct-access barrister - A specialist courtroom advocate who speaks on behalf of a party in court. Barristers are usually hired for specific hearings and instructed by a solicitor. In Crown Court they wear a wig and gown; in family court they wear a suit. for this hearing. The indication the judge gives is crucial, and having someone who can negotiate on the spot, interpret what the judge is signalling, and put forward your best position is genuinely valuable. A barrister for an FDR typically costs £1,000 to £2,000.
Final hearing
A final hearing is a full day in court with cross-examination and it is demanding to run alone. Many people who cannot afford a solicitor for the whole process instruct a direct-access barrister just for the final hearing. Whether professional representation is right for your case is a decision only you can make.
Direct-access barristers
Costs
The court fee to apply for financial remedy is £313. A barrister for a single hearing typically costs £500 to £2,000, depending on complexity and the barrister's experience. Full solicitor representation for financial remedy can run to £5,000 to £20,000 or more, depending on how contested the case is and how many hearings are needed.
Costs orders in financial remedy are unusual. Unlike other types of court case, each side usually pays their own costs. However, the court can make a costs order if someone has been unreasonable: for example, rejecting a reasonable settlement offer and then getting a worse result at the final hearing.
Related guides
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