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Following the breakdown of a marriage, it is common that there are financial issues which need to be resolved. These financial issues are aimed to be settled through a process of three hearings. The most important hearing is the second hearing, which is known as the Financial Dispute Resolution hearing or ‘FDR’.
Before the Financial Dispute Resolution Hearing
The Financial Dispute Resolution Hearing will usually take place following the first hearing. At this stage, evidence has been disclosed between parties and the financial issues between the spouses are therefore identifiable.
It is a common requirement for both parties to meet at court, an hour prior to the financial dispute resolution hearing. This is so inter-party negotiations can take place. These negotiations allow the parties to discuss and agree on some, if not all, of the issues that are to be presented before the judge at the hearing.
However, if a settlement cannot be reached within this negotiation, the family dispute resolution hearing will continue to take place.
The Financial Dispute Resolution Hearing
This proceeding is a meeting for the consideration and negotiation of the financial issues between the spouses. It is recommended that both parties attend court in person, as this is the best opportunity for the spouses to reach a settlement. This is because the sole aim of the financial dispute resolutions hearing is to reach a settlement which is agreed by both parties.
Within the hearing, both spouses’ legal representatives will summarise the reasoning for their client’s settlement proposal to the judge. In response, the judge will raise any questions they may have for the parties and may highlight their viewpoint on the previous proposals made to encourage a more reasonable approach.
Following the reasoning provided by both parties within the financial dispute resolution hearing, the judge gives an indication. This is an outline of the decision they have made based on the information presented. Within this, the judge may favour one spouse over the other, which is known as a ‘positive indication’. However, this judgement is given on a ‘take it or leave it’ basis and will not be considered in future hearings.
Following the indication being presented to the parties, the judge will usually invite the legal teams to negotiate out of the courtroom. This means both spouses and their representatives will leave the hearing to further continue negotiations to reach a settlement.
If a Settlement Can’t Be Reached
The judge cannot enforce a judgement upon the divorcing couple at the financial dispute resolution hearing. This means that if a settlement cannot be reached by the end of the hearing, the parties might decide to wait until the final hearing, in the hopes that the different judge will approach the case alternatively.
Otherwise, the parties could attempt to reach a compromise by continuing to make offers before the following hearing. It is stated in the Family Law Rules that Open Offers must be filed within a set time period before the Final Hearing. The option to come to an agreement is beneficial because it reduces the stress, time and cost of the final hearing.
Contact Us
If you are in the process of a divorce and would like a consultation to discuss your situation, our expert Family Lawyers serve clients across the West Midlands and Black Country in areas including Stourbridge, Wolverhampton, Penkridge, Halesowen, Birmingham and beyond. Our offices are based in Wolverhampton and Cradley Heath. If you complete our online enquiry form, a member of our team will contact you for an initial discussion or please call us at 01902 328 355.