You are here

Price of success: the hidden costs of financial dispute resolution hearings

FDRs were going to make divorce proceedings fairer and faster but instead they have led to mechanical lawyering; divorce lawyers must now offer better solutions for clients, says James Pirrie

2 February 2019

The current family court scheme first saw the light of day in 1996 with the launch of the pilot procedure. Part of the genius of the architects of the scheme is seen in the nancial dispute resolution (FDR) stage. The aim was to provide direction for clients before all the costs are incurred and to ensure most of the relevant information would be before the court, with judges able to give clear direction and provide a compelling opportunity for clients to settle at a lower cost than if they pursued further litigation. 

In its July 2014 report, the Financial Remedies Working Group’s interim report recorded that save where the court has deliberately ordered otherwise in truly exceptional circumstances, “the FDR hearing should feature in all cases as a compulsory requirement. Generally no listing for a final hearing should be given until an FDR hearing has taken place and has failed to bring about a resolution of the dispute.”

IMPEDIMENT TO SETTLEMENT

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.