With the Courts in England & Wales struggling with significant backlogs, this is the first of a series of articles where Family law expert, Sally Harris, explores alternative routes to resolve matrimonial financial claims without waiting months for a Court date.
There are up to three Hearing dates during the course of a financial application made within divorce proceedings:
At the Final Hearing, a Judge decides the outcome of a case for the parties concerned if they have failed to settle beforehand.
A First Appointment Hearing is an overview to ensure all steps necessary for an effective FDR Hearing are undertaken.
A First Appointment can be dispensed with if the parties agree and the Court are satisfied that a case is ready for an FDR Hearing. This can help speed the process which is often slow and costly. Waiting for a Court Appointment date is likely to take months.
Sir James Mumby explained a Private FDR as “the parties pay for a financial remedy specialist to act as a private FDR Judge. That person may be a solicitor, barrister or retired Judge. No additional qualification is required. The Private FDR takes place at a time convenient to the parties, usually in solicitor’s offices or barrister’s chambers, and a full day is normally set aside to maximise the prospects of settlement”.
In the event the parties successfully settle at a Private FDR Hearing, their agreement can be sent to the Court for approval in the same way as if they had an in Court FDR Hearing. This concludes the case for the parties.
Whether the parties attend a Private or an in-Court FDR, and fail to settle, they continue through the Court system to a Final Hearing. A Judge will make a judgement for them.
For more information about Howes Percival’s family law services, please click here or contact Sally Harris at [javascript protected email address] or on 01603 580011.
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