What's the difference between FDA and FDR?

The FDA (First Directions Appointment) is a procedural hearing where the court checks both sides have disclosed their finances properly and sets a timetable. The FDR (Financial Dispute Resolution) is a settlement hearing where a judge actively helps you reach an agreement by giving their view on what a fair outcome would be.

Is the FDR judge's indication binding?

No. The judge's indication is not a binding order. It is the judge's view of what a fair outcome would likely be if the case went to a final hearing. You do not have to accept it, but it carries significant weight because another judge would likely reach a similar conclusion.

What if we don't settle at FDR?

If you cannot agree at FDR, the case moves to a final hearing where a different judge will decide for you. The FDR judge cannot hear the final hearing because they have already seen without-prejudice offers. The final hearing is more formal, takes longer, and you lose control of the outcome.

Can I change my offer after FDR?

Yes, you can change your offer after FDR. However, offers made at FDR are 'without prejudice' — they cannot be referred to at the final hearing. Any new offers after FDR should be made on a Calderbank basis (open or without prejudice save as to costs) if you want the court to consider them when deciding who pays costs.

How should I prepare for my FDR hearing?

Prepare a concise position statement (no more than 5 pages), an up-to-date asset schedule showing what you agree and disagree on, and any open proposals you want to make. Bring copies of your Form E and any updated valuations. Think carefully about what outcome you would realistically accept.

What to Expect at Your Financial Dispute Resolution (FDR) Hearing

Going through a financial dispute resolution hearing can feel daunting, especially if you are representing yourself. This guide explains what happens at the FDR, what the judge will do, and how you can prepare so you walk in feeling as ready as possible. The FDR is one of the most important hearings in your financial remedy case — it is the court's dedicated attempt to help you and your ex reach an agreement without a full trial.

What is an FDR hearing?

The FDR — Financial Dispute Resolution hearing — is a special court appointment designed to help you settle your financial case. A judge reads both sides' proposals and the financial evidence, then tells you what they think a fair outcome would be. This is called the judge's "indication."

The hearing is "without prejudice," which means anything said at the FDR — including offers and the judge's indication — cannot be mentioned at a later final hearing if you do not settle. This is to encourage both sides to be open and realistic.

The FDR usually happens after the First Directions Appointment (FDA) and after both sides have completed their financial disclosure through Form E.

Why it matters

The FDR is your best chance to reach a settlement with the help of a judge, without giving up control of the outcome. If you settle at FDR, you and your ex decide the terms. If you do not settle, a different judge decides for you at a final hearing — and that judge might not give either of you what you wanted.

Settling at FDR also saves time, stress, and money. A final hearing can be months away and involves witness statements, cross-examination, and much more preparation.

Most financial remedy cases settle at or shortly after the FDR. The judge's indication is a powerful reality check for both sides.

What happens

Here is what to expect on the day:

Before the hearing — Both sides file a concise position statement (sometimes called a "without prejudice" statement) setting out what you want and why. You also prepare an up-to-date schedule of assets showing what is agreed and what is in dispute.
Arriving at court — You and your ex (or their solicitor) will usually be in separate waiting areas. The judge reads the papers in advance.
The hearing itself — The judge may ask brief questions, but this is not a full trial. There is no cross-examination. The judge considers the evidence and the proposals from each side.
The indication — The judge tells both sides what they think a fair outcome would be. For example, the judge might say "I think a 60/40 split of the assets in favour of the wife is in the right range." This is not an order — it is an informed opinion.
Negotiation time — After the indication, you are usually given time (sometimes an hour or more) to negotiate. You might go back and forth with offers through a court usher or speak to a duty solicitor if one is available.
If you agree — The judge can make a consent order on the same day, turning your agreement into a binding court order.
If you do not agree — The judge sets directions for a final hearing. A different judge will hear the final hearing because the FDR judge has seen without-prejudice material.

What you need to do

Prepare a position statement. Keep it short — no more than 5 pages. Explain what you want, why it is fair, and reference the key facts. Focus on the Section 25 factors: needs, income, assets, contributions, and the standard of living during the marriage.
Update the asset schedule. List every asset with current values. Mark what is agreed and what is disputed.
Think about your bottom line. Before you walk in, know the lowest offer you would accept. Be realistic — the judge's indication often surprises both sides.
Bring your documents. Take copies of your Form E, any valuations (property, pensions, businesses), and your proposals. Have everything organised and easy to find.
Prepare any open offers in advance. If you want to make a formal offer, put it in writing before the hearing.
Arrive early. Courts run on tight schedules. Aim to arrive at least 30 minutes before your hearing time.

What could go wrong

Being unrealistic. If your proposal is far from what the judge indicates, you lose credibility. Prepare by looking honestly at the figures.
Not preparing a position statement. The judge relies on this to understand your case quickly. Turning up without one puts you at a disadvantage.
Refusing to negotiate. The FDR only works if both sides engage. If you refuse to move from your position, the case goes to a costly final hearing.
Confusing the indication with an order. The judge's indication is not binding, but ignoring it is risky. If a final hearing judge reaches a similar conclusion, you will have spent months and potentially thousands of pounds to end up in the same place.
Forgetting the without-prejudice rule. Do not refer to FDR offers or the judge's indication in any later hearing. It is not allowed.

Where to get help

Citizens Advice — Free advice on financial remedy and court hearings: citizensadvice.org.uk
Personal Support Unit (PSU) — Free volunteers at many family courts who can sit with you and help you find your way around: thepsu.org
Support Through Court — Helpline and in-court support for people without a lawyer: supportthroughcourt.org or call 03000 810 006
National Domestic Abuse Helpline — If there is any abuse in your case: 0808 2000 247
Bar Pro Bono Unit — May be able to provide a free barrister for your FDR: weareadvocate.org.uk