Stage 2: Evidence analysis and concilliation FDA to FDR

Make sure you’ll be happy with your consent order

If it is not possible to reach an amicable financial agreement with your ex-partner through communication, then you can take your case to a Financial Dispute Resolution (FDR) through the court. Once you’ve been through the FA, the second stage to the FDR begins with analysing evidence.

Analysis of evidence

At this stage, we rigorously analyse financial information and evidence and crosscheck the information I have with previous declarations and documentation, calling in forensic accountants if necessary.

Opinions / conferences

Working together directly with specialist Direct Access barristers if necessary, I will give you our legal opinions on your current situation, the evidence I have, your priorities, tactics I should deploy and the possibility of settlement. I am here to help you, and on your side.

Working together directly with specialist Direct Access barristers if necessary, I will give you our legal opinions on your current situation, the evidence I have, your priorities, tactics I should deploy and the possibility of settlement. I am here to help you, and on your side.

Financial Dispute Resolution Hearing

The end of this process, and the focus of all the work that’s gone before, is the FDR. In this hearing, you and your ex-partner can put your case to each other and the judge. The judge will then observe and comment until settlement is reached.

Seven days before this date, you and your ex-partner must file at court details of all offers and proposals received, all responses and up-to-date cost estimates. I can help you with this.

On the day

I will prepare a skeleton argument to be handed in when you arrive. From this point, discussions and negotiation can last for hours.

Fortunately for our clients, negotiation is one of our areas of expertise, and I will prepare carefully for yours. I will have a clear view of what you want, as well as an understanding about what you will accept. You will also understand what I think you may be offered.

During the day, I will make sure that any settlement negotiated is clear, comprehensive and meets with your approval. You will understand everything that’s happening, up to and including any decisions that are reached, and their impact on you.

What is a consent order?

A consent order is a legal document that confirms your financial agreement. It explains how you’re going to divide up assets like money, property, savings and investments. It can also include what’s going to happen with maintenance payments and child maintenance.

I am very experienced in drafting and enforcing effective and comprehensive consent orders, using template information prepared by Resolution – our professional member organisation.

I can also draft a consent order for the judge to make at the hearing.

A consent order is a legal document that confirms your financial agreement. It explains how you’re going to divide up assets like money, property, savings and investments. It can also include what’s going to happen with maintenance payments and child maintenance.

I am very experienced in drafting and enforcing effective and comprehensive consent orders, using template information prepared by Resolution – our professional member organisation.

I can also draft a consent order for the judge to make at the hearing.

Can matters still end up in a trial?

If after the FDR you still cannot resolve issues on money and finance then unfortunately the answer is yes.  

However, the good news is that this is very unlikely.

At the FDR the Judge gives his or her opinion on what the split should be on the money and property. This tends to start with the principle that in the case of a long marriage of 5 years or more each party gets 50% unless there is a strong reason to decide otherwise.

All the circumstances must be considered, and the Judge is required to consider all the factors laid down by section 25 of the Matrimonial Causes Act 1973. They apply in every case whether you are engaged in court proceedings or negotiating your own settlement.

The overriding concern criterion is that of fairness. Section 25 has to be read in the context of decisions made by the senior family courts in England and Wales. The judges decided that fairness comprises 3 elements: needs, compensation and sharing. Normally needs is the most important factor as there will be no surplus capital or income. Where there are children of the family, their needs will come first.