Private FDR

Financial Remedy Reform – ‘Fairness’ – Do Divorcing Parties Get Any Say – Time for Some Soul Searching for Family Law Professionals

Financial Remedy Reform – ‘Fairness’ – Do Divorcing Parties Get Any Say – Time for Some Soul Searching for Family Law Professionals

The Law Commission Scoping Report The Law Commission’s 373-page scoping report on Financial Remedies on Divorce and Dissolution, which was published just before Christmas 2024, stated categorically (emboldened emphasis): ‘1.58 In our view, the current law relating to financial remedies on divorce and dissolution does not, to use

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure. A

AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?

AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?

The duty of the court to direct that a financial remedies application must be referred to an FDR appointment is set out in Family Procedure Rules 2010 (SI 2010/2955) (FPR) 9.15(4). Pursuant to this rule the court must direct such a hearing unless: (1) the first appointment,

How Private FDRs Can Be Improved

How Private FDRs Can Be Improved

"Perhaps the only certainty about an FDR indication is that the outcome at final hearing is almost bound to be different” As family lawyers, we are good at some things; less so at others. Our strong suit is thinking creatively and holistically in finding a solution to any given

DR Corner: The Drive for Gender Diversity in Private FDRs

DR Corner: The Drive for Gender Diversity in Private FDRs

Pressures on court time and the increasing use of remote courts over the COVID-19 pandemic have led to the increasing popularity and success of Private FDRs within (and instead of) financial remedy proceedings within the last 5 years. A Private FDR is a ‘without prejudice’ hearing which can be used