The FDR appointment: what happens on the day

REVIEWED BY: Sean McNamara on 2026-09-01

The Financial Dispute Resolution (FDR) appointment is the second main court hearing in most financial remedy cases following divorce in England and Wales. It exists for one purpose: to get the parties to settle, with a judge giving an early view of how the case would likely be decided at trial. Most financial remedy cases settle at or around the FDR — which is why preparing properly for it matters so much.

Where the FDR sits in the process

Financial remedy proceedings run under Part 9 of the Family Procedure Rules 2010: issue of the application, exchange of Forms E (financial disclosure), the first appointment (where the court narrows issues and sets directions), then the FDR, then — if no settlement — the final hearing.
By the FDR both parties should have exchanged all material financial evidence: valuation reports, pension CETVs, mortgage capacity reports, and updated figures.

What actually happens on the day

1. Arrival and negotiation. The day usually starts with both parties and their lawyers in separate rooms (or separate video links in remote hearings). Negotiation begins immediately — many deals are struck before the judge is even seen. 2. The judge's summary. The FDR judge reads the bundle, hears short positions from counsel, and gives an indication — an informal, without-prejudice view of the likely outcome at trial. 3. Continued negotiation. Armed with the indication, parties negotiate further. If agreement is reached, the judge can approve a consent order the same day. 4. If no agreement, the court makes directions and lists the case for a final hearing before a different judge.

Key features to understand

Without prejudice: everything said at the FDR — including the judge's indication — is confidential and cannot be relied on at the final hearing by a different judge.
The indication is not binding: a different judge at trial may well reach a different conclusion, though strong indications carry real weight in negotiation.
Attendance is expected: parties must attend in person; the court expects genuine engagement, and failure to attend or negotiate openly can have costs consequences.
Costs: the general rule in financial remedy is that each party bears their own costs, but the court can make costs orders — including for unreasonable litigation conduct revealed at the FDR.

How to prepare

Keep your bundle and schedules up to date — stale figures undermine the indication.
Prepare a realistic bottom line and the reasons for it, supported by the section 25 factors in the Matrimonial Causes Act 1973.
Take advice before the day on the range of realistic outcomes; the FDR moves fast.
Bring your diary, mortgage capacity and any expert reports — buyers and re-housing options are often the sticking points.

Official sources

Not legal advice

YourFamilyCase.co.uk is an independent information site, not a law firm. We take no referral fees and nothing here is legal advice. For advice about your own FDR, consult a regulated family solicitor or a Resolution-accredited mediator.

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.