Private FDR

Ashley can be a private FDR judge to enable parties to secure an early resolution to their financial remedy claims upon divorce which can then be presented in the form of a consent order for the Court’s endorsement – thus avoiding lengthy and costly disputed proceedings.  A fixed fee of £4,000 plus VAT applies subject to conditions, please see below.

If you would like to discuss and/or make the arrangements for doing so please contact Ashley or his clerk by email or telephone on 0151 559 3285.

A Private FDR (or Early Evaluation Hearing)

a) The Court FDR

A Financial Dispute Resolution(‘FDR’) hearing is at the core of the present divorce financial remedy process operated by the Family Court and is the point at which the parties along with their legal teams can with the assistance of the Judge seek to reach a Court approved settlement – thus avoiding the delay and continuing costs engaged by listing the matter for a contested hearing. The Judge on the day considers skeleton documentation relating to the parties’ finances and hears brief submissions from their advocates or themselves if not represented and then that Judge states what outcome he or she would consider to be reasonable.

b) The Disadvantages of the Court FDR

The FDR hearing has proved to be successful in resolving the many such financial remedy disputes before the Court; however:-

c) The Private FDR

A Private FDR (or Early Evaluation hearing) is a hearing which takes place outside the Court process before a specialised divorce practitioner or retired Judge of the parties’ choosing and at a venue and time agreed upon by the parties in advance. The parties prepare for the Private FDR hearing in exactly the same way they would do for a Court FDR hearing – although it is likely the process by agreement will be more streamlined and focused than would otherwise be the case before the Court. The only difference is that the parties will be responsible for meeting the hearing fee in advance of the specialist Judge appointed.

In the event that the parties reach a settlement at a Private FDR, then thereafter upon the parties joint application the Court will make an order by consent reflecting the terms reached. If the Private FDR is unsuccessful, then the parties will still be able to continue the Court process in the standard way.

A Private FDR (or Early Evaluation hearing) has now been encouraged by the retiring President of the Family Court and Rules have been introduced to ensure, where the parties wish there to be such an event, that the Court process will, if already commenced, make agreed directions for the parties to take part in the same.

d) The Advantages of the Private FDR

The advantages are that the Private FDR:-

e) The Advantages of a Private FDR by Ashley Murray

The advantages of a Private FDR hearing conducted by Ashley Murray is that he:-

f) The basis of the Fixed Fee

The level of fixed fee of £4,000 plus vat above is on condition of the parties advance written and signed agreement of:-

i)the bare FDRs, if already filed,
ii) any questionnaires and replies thereto,
iii) an agreed schedule of up to date net assets and net incomes with any reason for disagreement and alternative figures arising thereby endorsed briefly thereon;
iv) an agreed statement of resolved issues and outstanding issues;
v) a neutral chronology;
vi) copies of any relevant valuations;
vii) copies of any SJE reports
viii) copies of any relevant up to date company accounts and/or trust documents