Could Private FDR be the smartest move for your divorce in 2025?
If you and your spouse are separating and want to resolve your financial matters swiftly and with minimal stress, a Private Financial Dispute Resolution (FDR) hearing could be the ideal solution.
What is a Private FDR?
A Private FDR is a voluntary, out-of-court hearing where a jointly instructed family law barrister or retired judge gives an impartial view on what a fair financial settlement might look like. It mirrors the court-based FDR hearing (the second stage in financial remedy proceedings) but is conducted privately—often via video call or at a solicitor’s office.
To prepare for a Private Financial Dispute Resolution (FDR) hearing, both parties must first engage in the standard court process by issuing a Form A to initiate financial remedy proceedings.
This triggers a timetable that includes the exchange of financial disclosure using Form E—a comprehensive document detailing income, assets, liabilities, and financial needs. Even if the parties opt for a private FDR instead of a court-based one, full and frank disclosure remains essential.
Prior to the hearing, each party should prepare a concise position statement outlining their proposals and key issues. The private FDR judge—typically a senior barrister or retired judge—will review these materials to provide a realistic indication of what a court might order, helping the parties reach a fair and informed settlement.
Why choose a Private FDR?
- Speed – you can schedule a private FDR in weeks, not months. Court delays in 2025 remain significant, with some cases waiting over a year for a hearing.
- Control – you choose the date, the decision-maker, and the format.
- Confidentiality – unlike court hearings, private FDRs are entirely private.
- Cost-effective – while there is a fee for the judge or barrister, resolving matters sooner often saves money in the long run.
Tips to make the most of a Private FDR
- Prepare thoroughly – ensure full and frank financial disclosure is exchanged in advance. The process only works if both parties are transparent.
- Choose the right private FDR judge – select a specialist with experience in financial cases or the specific issues in your matter (e.g. pensions, business assets).
- Be open to settlement – the goal is compromise. Treat the Private FDR Judge’s indication seriously—it often reflects what a court would decide.
- Have legal support – your solicitor will guide you through the process, help you prepare persuasive proposals, and negotiate on your behalf.
- Document the outcome – If you reach agreement, your solicitors will agree and draft a consent order to be approved by the court, making it legally binding.
Is it right for you?
Private FDRs are particularly suited to couples who:
- Want to avoid the stress and delay of court
- Are willing to negotiate in good faith
- Have legal representation or are comfortable directly instructing the Private FDR Judge jointly
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
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