How do I prepare for my Financial Dispute Resolution ?

The Financial Dispute Resolution hearing, more commonly known as the FDR, is the second hearing of three in standard financial remedy proceedings, resolving divorce finances.

As most people want to avoid the stress, delay and expense of a contested final hearing, a lot of time and energy goes into the FDR. 

Here is how you can help yourself:

• Start early. Don’t think about this for the first time on Friday afternoon if you are in court on Monday.
• Comply with the court order. Failure to do this could be very expensive, costs penalties may be imposed on you, and you will be on the back foot from the start.
• Organise documents. Your solicitor will help you with this process, but it is normal to be required to provide a full documentary record of your finances for the last year at least. It will help you and your solicitor a lot if you start this process in good time and assemble everything needed.
• Get a mortgage capacity report. This is now routine and your solicitor can guide you; you need a report that says what you can borrow.
• Cooperate with any expert reports. Pensions and businesses for example may require expert valuations. Without expert advice, working out fair proposals may be impossible.
• Think about housing needs – what do you need?  What does the other party need? – consider location, number of bedrooms, amenities as well as price.
• Be open. Anything else could come back to haunt you.
• Make fair proposals. Your solicitor will tell you what those look like. If your proposals are wildly optimistic, you will lack credibility before the court.
• Commit to being at court all day on the day.
• Dress smartly, it shows respect for the process and will help you feel prepared.
• Listen to the judge, their guidance is designed to help both sides.

Work with your legal team, it’s your life and they are there to help you get to a fair outcome. If you need help with preparing for your financial dispute resolution, please contact me, Deborah Davies here.