FDR and private FDR — the settlement hearing that decides most financial cases

REVIEWED BY: Sean McNamara on 2026-08-30

In financial remedy cases (money and property after divorce), the Financial Dispute Resolution appointment (FDR) is where the overwhelming majority of cases settle. A private FDR is a paid, out-of-court version with a retired judge or senior barrister. This guide explains how both work and how to get the most from them. It is general information, not legal advice.

The court FDR

A court appointment listed after financial disclosure (Form E exchange and questionnaires) but before any final hearing
Everything at the FDR is without prejudice — the judge's views, your offers, the negotiations; none of it can be used by a later trial judge
The FDR judge gives an "indication": having read the ES1, ES2 and position statements, they say what they would likely order at trial. It isn't binding — but a realistic indication is usually enough to move parties to settle
The judge cannot force a settlement or hear evidence; if no agreement, the case is listed for final hearing before a different judge and further directions are given
Most financial remedy cases settle at or around the FDR — which is why the system funnels everything there

Preparing for the FDR

File a clear position statement (usually "without prejudice save as to costs") — your proposal, your reasons, the numbers
Complete your ES1/ES2 accurately — the judge's indication is only as good as the information in front of them (see our ES1/ES2 guide)
Know your case's three numbers: your needs-based minimum, your realistic expectation, and your walk-away point. Negotiation lives between them
Mortgage capacity evidence for housing arguments; pension valuations current and compared
Think about structure, not just totals: who keeps the house, offset against pension share, lump sums staged over time, clean break or maintenance

On the day

The judge reads the papers, hears short submissions from each side, then gives the indication
Negotiation then happens — in the corridors, in break-out rooms, with solicitors shuttling numbers; LiPs negotiate directly, which can be intimidating but is entirely normal
If agreement is reached, it is recorded in draft consent order terms before you leave and sealed afterwards
If not, the judge gives directions for final hearing — expert evidence, further disclosure, timetable

Private FDRs

A private, paid alternative: you jointly appoint a neutral — typically a retired judge or senior family barrister — who performs the FDR role outside court
Advantages: a date that suits you (court FDR waiting lists run months), a full day rather than a slot, a neutral of your choosing with specific expertise (pensions, businesses, farming cases)
Cost: typically several thousand pounds split between the parties — significant, but often less than the further costs of contested litigation it avoids
The process is without prejudice; agreements are converted into consent orders exactly like a court FDR settlement
The court retains case control: you'll usually ask the court for a short adjournment of the court FDR while the private FDR takes place

When an FDR doesn't settle

Roughly a third of cases or fewer need a final hearing
The final hearing is de novo before a different judge: evidence is heard, parties give oral evidence, and the judge decides on the statutory criteria
The FDR judge's indication does not bind the trial judge — but parties who ignored a realistic indication often learn its accuracy the expensive way
Offers made at FDR are protected; your open offers (without prejudice save as to costs) remain live for the costs argument

Fees

The FDR is part of the contested financial remedy process — one £321 issue fee (Form A) covers the case; there is no separate FDR fee
Private FDRs are private contracts with the neutral's chambers — no court fee
Help with Fees applies to the issue fee for eligible LiPs

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.