If you have an FDR hearing coming up, you may be wondering what actually happens on the day. Although it is a court hearing, it works very differently from other court hearings.
The goal of an FDR is to help both parties reach a financial settlement, and much of the day is spent negotiating, following guidance from the judge.
An FDR hearing can last a whole day.
Here is a simple breakdown of what typically happens.
1. The judge reads the papers.
The judge will have read both sides’ proposals and financial documents in advance.
2. Introductory remarks from each barrister.
Each barrister or solicitor may briefly outline their client’s
position to the judge.
3. The Judge Gives an Indication
The judge will give a non-binding indication of what they believe would be a fair outcome if the case were to proceed to a final hearing. This is not a final decision, but it carries weight. It often helps both sides realistically reassess their positions.
4. Negotiations
After the judge’s indication, you and your legal team will negotiate, usually in separate rooms (or separate virtual rooms). Most of the day is spent negotiating.
FAQs
1. “Will I have to speak in court?“
No, your legal team will speak on your behalf.
2. “What are the possible outcomes of an FDR?“
✅ Settlement Reached
If you reach an agreement:
- The terms are written into a draft consent order
- The judge can approve it the same day
- You avoid the stress, delay and cost of a final hearing
❌ No Agreement
If you don’t settle:
- The case proceeds toward a final hearing
- A different judge will hear the case
- The FDR discussions remain confidential
Even if you don’t settle on the day, many cases settle shortly afterwards.
3. How Should I Prepare?
- Be clear about your priorities (housing, pension, income security, clean break)
- Be realistic about the consequences of not reaching a settlement and needing to go to a Final Hearing
- Be prepared to compromise
- Listen carefully to your legal team’s advice
An FDR is often the best opportunity to resolve matters without the emotional and financial cost of a Final Hearing.
Final Thoughts
Although it can feel daunting, an FDR hearing is designed to help you reach a fair settlement. It is not about “winning.”
It is about finding a workable financial outcome that allows both parties to move forward.
If you have questions about your specific case, speak to your solicitor well in advance so you feel confident and prepared on the day.
For more advice about FDR hearings, you can read my other blogs here – Finance Blogs, Legal Process and The Family Court.
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