How a private FDR could speed up your divorce

As many people who have been through a divorce will know, it can be a long, drawn-out and emotionally difficult process. For some years now, this already traumatic situation has for many families been compounded by the severe delays plaguing the family court system.

Government data published at the end of March 2023 showed that the average time taken to complete divorce proceedings (i.e., from initial petition to final order) rose to 67 weeks between 2021 and 2022 (an increase of 114 weeks). In a press release, the Law Society commented: “We know the family courts are facing challenges. However, delays can cause significant harm, inconvenience and uncertainty for divorcing couples, particularly when children are involved.”

For couples wishing to avoid lengthy delays, there could be an answer: a private FDR.

What is a private FDR?

When you opt for a divorce through the courts, there are several main stages, one of which is the financial dispute resolution (FDR) appointment. After they have disclosed all their assets and liabilities, the divorcing couple is invited negotiate a settlement in the presence of a judge, whose job it is provide guidance on what the court would likely decide should your case go all the way through to a final hearing. The FDR is a ‘without prejudice’ hearing, meaning that any agreements or negotiations cannot be shown to the court at any other hearing, and neither party can be held to any proposals they make.

With long waits for FDR hearing dates, many divorcing couples are now opting for a private FDR instead. This involves hiring a judge privately (usually a solicitor, senior barrister or retired judge) to offer guidance on what the settlement might look like if the couple cannot reach an agreement.

The benefits of a private FDR

Whilst some couples might begrudge the additional expense incurred by a private FDR, it will likely have significant advantages in the current climate:

• It avoids the uncertainty and inconvenience of waiting for a court date
• You can arrange a hearing date at your convenience and at a time that suits you
• There is no risk of the court cancelling your hearing at the last minute due to a lack of available judges
• Your FDR can be done remotely, from the comfort of your own home
• A private FDR can help divorcing couples reach an early agreement, avoid lengthy litigation and actually save money in the long run
• Instructing a judge privately means they will have the time to get up to speed with the particulars of your case – unlike an under-pressure family court judge
• You can hire a judge with particular knowledge and expertise if you feel this would help your case
• Private FDRs are voluntary, so both parties are likely to feel more invested in reaching a settlement. Due to this, they can also feel less adversarial.

Doing what’s right for you

At Attwaters Jameson Hill, we’re here to help you through your divorce with the minimum amount of stress, fuss and delay. It’s all part of our Service Pledge – a promise to every single one of our clients that we will always act in your best interests, treat you with courtesy and respect, and accompany any problems that arise with a solution that moves your case forwards.

Should you opt for a private FDR, our Family Law team is here to assist you every step of the way.

We can evaluate your situation to see whether a private FDR would be beneficial for your unique circumstances, and help you select a specialist FDR judge with the right expertise for your case. We’ll clearly explain what the process entails so that you feel fully prepared for your appointment. We’ll also take care of all the preparatory work, ensuring that all financial information is supplied and checked, that all your documentation is in order, and that the potential parameters for your settlement are agreed in advance, so you remain in control of your negotiations at all times.

If you’d like to talk to a specialist about whether a private FDR might be appropriate for your circumstances, please email our Family Law team at familylaw@attwaters.co.uk.