A plain English explanation of the Financial Dispute Resolution hearing in England and Wales: what happens, what the judge does, and how to prepare if you don't have a solicitor.
The Financial Dispute Resolution hearing, or FDR, is a without prejudice settlement hearing. It's designed specifically to help the parties reach agreement, and a judge plays an active role in that process, giving their view on how a court might decide the case if it were to go to a final hearing. Most financial remedy cases settle at or around the FDR. It is typically the most important hearing in the process.
Without prejudice means that what is said at the FDR cannot be used as evidence at any later hearing if the case doesn't settle. The judge who conducts the FDR is disqualified from presiding over any final hearing in the same case, precisely because they've heard offers and seen the case through a settlement lens. This structure is designed to give both parties genuine freedom to negotiate and explore compromise without fear that an offer they make will be used against them if the case goes further.
Under the Family Procedure Rules 2010, you'll typically be required to file:
Check the directions from your First Appointment carefully, since the court will have specified exactly what's required and by when.
The FDR is not the time to discover for the first time what you want from the financial settlement. You should arrive having already thought through what outcome you're seeking, why it's fair given the factors the court considers (covered in detail in our article on the Matrimonial Causes Act factors), and what you are prepared to compromise on. Many people who represent themselves at an FDR find it helpful to have thought through in advance: their opening position, their ideal outcome, and the minimum they could accept.
The judge's indication is an opportunity, not a trap. If the judge suggests a range that's different from what you expected, try to understand why before reacting. An indication is based on the court's read of the case, and while it isn't binding, it reflects how a final hearing might go if the case doesn't settle.
No. An FDR cannot produce a binding order if both parties don't agree. The judge can only encourage settlement and give an indication. If agreement isn't reached, the case proceeds to a final hearing where a different judge decides. However, the FDR indication often significantly changes negotiating positions, particularly where one party has been overstating their expectations.
If there is a history of domestic abuse or coercive control, it's worth flagging this to the court before the FDR. Courts can make arrangements to manage situations where one party feels unsafe or unable to negotiate freely in the same building as the other, including separate waiting areas and separate times for each party to see the judge. Arrangements need to be requested in advance rather than on the day.
Going through an FDR without a solicitor is one of the more challenging things an unrepresented person faces. Access to Justice is built for people in exactly this position, it helps you understand the process, think through your position, and prepare for what the hearing will actually look like. Try it free.
What is a Calderbank letter?
A Calderbank letter is a formal written offer to settle made "without prejudice save as to costs". Unlike a purely without prejudice letter, a Calderbank offer can be shown to the court on the question of costs after a final hearing, to argue that the other side unreasonably refused a reasonable offer. Making and receiving Calderbank offers is a normal part of the financial remedy process.
What if no agreement is reached at the FDR?
If the case doesn't settle, the judge gives directions for a final hearing and fixes a date, and the case continues. The judge who conducted the FDR cannot hear the final hearing, since they've seen without prejudice offers and given an indication. Nothing said at the FDR can be used as evidence at that later hearing.
Does the judge at the FDR know about offers we've made?
Yes. One purpose of the FDR is for the judge to see the full picture, including offers made. This is why offers must be filed with the court before the hearing. The without prejudice protection means those offers can't be used at a final hearing, but they're fully visible to the FDR judge.
How long does an FDR hearing last?
Typically half a day, though complex cases may be listed for longer. A significant portion of that time is usually spent in negotiation between the parties rather than in front of the judge — both before the judge is seen and again after the judge gives their indication of likely outcomes.
What happens if I don't attend the FDR?
Failing to attend is serious. The court generally expects both parties to attend and to have genuinely engaged with the settlement process. Unreasonable failure to attend, or to negotiate in good faith, can have costs consequences. The FDR is typically the most important hearing in the process, and most financial remedy cases settle at or around it.
Do I need a position statement for the FDR?
Check your directions. Many courts expect position statements from each party before the FDR setting out the outcome they seek and the basis for it. Position statements for financial hearings are covered in detail in our separate article on what a position statement for a financial hearing should include.
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.
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