What is a First Appointment in financial remedy and how do I prepare?

The First Appointment is the first court hearing in the financial remedy process. Its purpose is not to decide who gets what. It's a procedural hearing where the court identifies what information is still missing, what disputes about disclosure exist, and what directions need to be made to get the case ready for the next hearing. Most First Appointments last 45 minutes to an hour.

What happens at the First Appointment?

1. The court reviews both parties' Form E documents and the other documents filed before the hearing.
2. The judge identifies any gaps, disputes, or questions about financial disclosure.
3. The court makes directions, which are instructions about what each party must do before the next hearing: for example, providing additional bank statements, obtaining property valuations, getting pension actuarial reports, or answering questionnaires about disclosure.
4. The court considers whether any expert evidence is needed, such as a business valuation or a pension sharing report.
5. The court fixes the date for the next hearing, which is usually the Financial Dispute Resolution hearing (FDR).
6. In cases where there is agreement between the parties, the court can give directions toward a consent order without needing to proceed to an FDR, though this is the exception at this stage.

What documents do I need to file before the First Appointment?

Under Family Procedure Rules 2010, rule 9.14, both parties must file and exchange certain documents at least 35 days before the First Appointment:

1. Form E, fully completed with all required attachments.
2. A chronology of the marriage, briefly setting out key dates: marriage, separation, any children's birth dates.
3. A concise statement of the issues, identifying what matters are actually in dispute.
4. A questionnaire setting out any questions you have about the other party's disclosure, and identifying any documents you want them to produce.
5. A Form G, which is a short document indicating whether you are or are not in a position to use the First Appointment as a Financial Dispute Resolution appointment (an FDR held at the same time as the First Appointment). In most cases involving self-represented parties, Form G indicates that you are not ready to treat it as an FDR.

Failing to file these documents on time can result in costs consequences. Courts take procedural compliance seriously in financial remedy cases.

What should I put in my questionnaire?

The questionnaire is your opportunity to formally request any additional disclosure or documents from your spouse. It should be focused on genuinely relevant matters. Questions are often grouped around the sections of Form E where you have concerns: unexplained income deposits, assets that appear to have been omitted, significant changes in the value of disclosed assets, or concerns about a business valuation.

Keep your questionnaire proportionate. Courts expect parties to raise genuine disclosure concerns, not to use the questionnaire as an opportunity to generate unnecessary paperwork or delay. In some cases a judge will review both questionnaires at the First Appointment and disallow questions they consider disproportionate or irrelevant.

Will we try to negotiate at the First Appointment?

The First Appointment is primarily a procedural hearing. Some settlement negotiation may happen informally between parties in the corridor or waiting area before the hearing begins, and this is generally encouraged. However, the hearing itself is focused on directions, not substantive negotiation. The FDR hearing is the point in the process specifically designed for settlement discussions, with the judge playing an active role.

What should I actually say in the hearing room?

The judge will typically run through the documents and ask questions of both parties in turn. As a self-represented party, you should:

1. Address the judge as "Your Honour" in county court, or "Sir" or "Madam" in the Family Court.
2. Answer questions directly and accurately. You do not need to present a legal argument at this stage.
3. Raise any genuine concerns about your spouse's disclosure when the judge asks about the questionnaire.
4. Be prepared to confirm your availability for the FDR date proposed by the court.

You don't need to make submissions about the outcome of the case at this stage. The First Appointment is about process, not outcome.

What happens if my spouse doesn't comply with directions made at the First Appointment?

If your spouse fails to provide documents or answer questions in line with the directions made by the court, you can apply to the court for an enforcement order. Persistent non-compliance with disclosure directions is treated seriously and can result in costs orders against the non-complying party. In more serious cases, the court can draw adverse inferences from missing disclosure.

Going through the First Appointment without a solicitor is difficult, particularly preparing the questionnaire and understanding what the court expects. Access to Justice is built for people in exactly this position, it explains what each stage requires and helps you prepare for what is actually going to happen. Try it free.

Frequently asked questions

Is the First Appointment the same as the First Directions Appointment (FDA)?

Yes. The First Appointment is also referred to as the First Directions Appointment or FDA in some courts and older guidance. They are the same hearing with the same purpose under the Family Procedure Rules — a procedural hearing to identify what disclosure is missing and make directions, not to decide who gets what.

Do I have to attend in person?

Not necessarily. Many First Appointments are now held remotely, by video link or telephone. Check the directions you received when the hearing was listed to confirm whether it's a remote or in-person hearing and which platform to use. Either way, the hearing usually lasts only 45 minutes to an hour.

Can I bring someone to support me?

You can bring a McKenzie friend to provide moral support and take notes, subject to the court's agreement. A McKenzie friend cannot speak on your behalf in court unless they are granted rights of audience by the judge, which is at the judge's discretion. If you intend to bring a McKenzie friend, mention this to the court in advance.

What is Form G?

Form G is a short form each party files alongside their First Appointment documents. It confirms whether you consent to the First Appointment being used as a Financial Dispute Resolution appointment. In most cases where disclosure is still in progress or disputed, parties are not in a position to consent, and Form G simply records that position.

What happens if I can't complete my questionnaire in time?

File what you can and explain any incomplete parts to the court at the hearing. It's generally better to attend with a partial questionnaire than not to file one at all, and the court may allow you to supplement it. Keep it proportionate and focused on genuine disclosure concerns rather than padding it out to look thorough.

How long after the First Appointment will the FDR be listed?

It varies by court and caseload, but FDR hearings are often listed 3 to 6 months after the First Appointment. The time between the two hearings is used to comply with disclosure directions, answer questionnaires, and obtain any valuations the court has ordered.

This article provides legal information about the financial remedy process in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.