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Money · financial orders

The FDR hearing: negotiating with a judge in the room

An FDR hearing, the financial dispute resolution hearing, is the second court appointment in a financial order case, after the first appointment[1][2]. It is a meeting for discussion and negotiation: the judge helps you try to settle, and that judge does not hear the final hearing[3].

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Offers filed with the court before the FDR[3]
Open proposals due after an FDR with no settlement[4]
First appointment after the application[2]
Fee for Form A, which starts the case[5]

01/ Where it fits

Where the FDR hearing fits

If you cannot agree how to divide money and property, you apply for a financial order on Form A, and there is a first appointment, an FDR appointment and, if needed, a final hearing[9]. Most people avoid a final hearing[2].

  1. You must attend a MIAM before applying for a financial order unless an exemption applies, such as domestic abuse[10]. The fee for Form A is £321[5].

02/ On the day

What happens at an FDR hearing

The rules treat the FDR as a meeting held for discussion and negotiation, and the parties must use their best endeavours to reach agreement[3]. Advicenow describes the judge trying to help you compromise and indicating what the court would be likely to order[2].

Practice Direction 9A says the parties must approach the FDR openly and without reserve, and that what is said there is not admissible as evidence later, except in very exceptional circumstances[12]. Courts expect both of you to make offers, to consider the other's offers properly, and not to keep any offer away from the judge, except offers made in non-court dispute resolution[12].

If you agree, the court can make a consent order at the end; if not, the FDR can be adjourned or another listed[3][4].

The FDR judge has no further involvement in the case, other than a further FDR, a consent order or directions[3]. That is why you can speak openly in front of them[12].

03/ Preparing

Preparing for the FDR

The deadlines come from the court rules[3][13]:

Before the FDR

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Your offers stay off the file

At the end of the FDR, the offers filed for it, and any documents referring to them, are returned on request to the party who filed them and not kept on the court file[3].

Costs

The general rule is that neither side pays the other's costs in a financial remedy case, but the court can order costs because of a party's conduct, including late or incomplete disclosure[15]. The costs estimates are recorded in the order made at each hearing[13].

04/ Afterwards

If you do not settle at the FDR

If the court does not make a consent order or list a further FDR, each of you must file and serve an open proposal for settlement within 21 days after the FDR, unless the court sets another date[4].

The case then goes on to a final hearing, where a different judge decides it[2][3]. On divorce, the court must have regard to the matters in section 25 of the Matrimonial Causes Act 1973[16]. See section 25.

05/ Out of court

Private FDR and mediation

The court rules count a private FDR, evaluation by a neutral third party, as a form of non-court dispute resolution, alongside mediation, arbitration and collaborative law[17]. At a MIAM the mediator explains these options[7].

Offers made during non-court dispute resolution are treated differently: the expectation that offers are put before the FDR judge does not apply to them[12]. See financial settlement on divorce and mediation.

06/ Questions

Frequently asked questions

What is an FDR hearing?

A financial dispute resolution appointment: a court meeting in a financial order case held for discussion and negotiation[3].

Is the FDR judge the same judge at the final hearing?

No. The FDR judge has no further involvement except a further FDR, a consent order or directions[3].

Is what I say at the FDR confidential?

Evidence of what is said or admitted at an FDR is not admissible later, except at the trial of an offence committed there or in very exceptional circumstances[12].

What do I need to file before the FDR?

The applicant files all offers and responses at least 7 days before, and each party files a costs estimate at least one day before[3][13].

Do I have to attend the FDR?

Yes: both parties must attend in person unless the court directs otherwise[1].

What happens if the FDR fails?

Each party files an open proposal within 21 days unless the court sets another date, and the case goes towards a final hearing[4][2].

07/ Sources

Sources we checked

  1. Family Procedure Rules, Part 9, rules 9.12–9.17 — justice.gov.uk
  2. How to apply for a financial order without a lawyer — Advicenow
  3. Family Procedure Rules, Part 9 — justice.gov.uk
  4. Family Procedure Rules, Part 9 — justice.gov.uk
  5. The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
  6. FMC MIAM Standards (Aug 2022) PDF
  7. GOV.UK — mediation · FPR r3.9
  8. FPR Part 3, r3.8(1)(d)
  9. Money and property when you divorce or separate — GOV.UK
  10. Money and property when you divorce or separate: get the court to decide — GOV.UK
  11. Family Procedure Rules, Part 9, rules 9.14–9.15 — justice.gov.uk
  12. Practice Direction 9A, paras 6.1–6.4 — justice.gov.uk
  13. Family Procedure Rules, Part 9 — justice.gov.uk
  14. Practice Direction 9A and pre-application protocol — justice.gov.uk
  15. Practice Direction 9A, paras 3.3–3.4 and protocol para 25 — justice.gov.uk
  16. Matrimonial Causes Act 1973, section 25 — legislation.gov.uk
  17. Family Procedure Rules, Part 2, rule 2.3 — justice.gov.uk

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