Within the court process, divorcing couples will attend a financial dispute resolution appointment (FDR), which is where the judge will seek to help the couple reach an agreement. The indication the judge gives isn’t binding on the couple but is designed to assist them to, at least, narrow the issues between them and, at best, reach an agreement. Many cases settle at the FDR stage which brings an end to lengthy and expensive court proceedings and allows the couple to move on with their lives.
For some time, it has been possible to lift this same model out of the court process, so that couples can have all of the benefits of the FDR, without needing to be involved in court proceedings, hence the term “pFDR” or private FDR. Instead of appearing before a judge, the couple appoint a “private FDR evaluator” to undertake that role. The evaluator is usually an experienced family law solicitor or barrister who may also sit part-time as a judge. This experience offers the couple the best chance to settle and avoids the need to make or continue with a court application.
Whilst there is a cost associated with appointing an evaluator, this is normally shared equally between the couple and for many, they consider it a proportionate cost when compared with the vastly greater cost of ongoing court proceedings.
Unlike with a court-based FDR, the appointed evaluator will only have the one case to deal with and will be available to the couple for the entire day. Judges in court usually have more than one FDR to deal with, together with other hearings on the same day, and have much less time to assist the couple.
A private FDR will usually be hosted at a solicitor’s office which offers a much more comfortable environment for the discussions. Anyone who has attended court will attest to the poor condition of many court buildings, the lack of private meeting rooms and any refreshments.
If an agreement can be reached, it can then be presented to the court for approval to ensure it becomes legally binding. If it is not possible to reach an agreement, the court can be asked to dispense with the need for a court-based FDR to enable the case to proceed directly to a Final Hearing at which a judge will make a decision for the couple, thereby expediting a conclusion for the couple.
With the law now requiring a sharper focus on non-court dispute resolution for separating couples, pFDRs represent an excellent option to achieve a financial settlement outside of court.
Helen Cankett of BPE’s Family team is a solicitor with over 20 years of experience in financial remedy and is able to conduct pFDRs. If you believe you have a case which is suitable, please contact her on 01242 248256 or email helen.cankett@bpe.co.uk for a discussion.
