This article provides guidance for individuals involved in financial divorce proceedings by outlining what one can expect during the First Directions Appointment (FDA). The FDA, is the initial financial hearing in a divorce case. This hearing becomes necessary when parties cannot agree on how to proceed. Its primary purpose is to ensure that both parties have shared the financial information needed to start discussions around a possible settlement. Where documentation is incomplete, the court will give directions on what additional information must be provided and by when. While legal representation at the FDA is not required, it is recommended, particularly if the parties’ financial situation is complex.
Can an FDA be bypassed?
If all the required information has already been exchanged, an FDA may not be needed. Even where some documents or evidence are missing, the parties might agree on the steps needed to fill those gaps. In such cases, it is often possible to move straight to the Financial Dispute Resolution (FDR) hearing.
What happens before an FDA?
Prior to the FDA, the court will issue a Notice of First Appointment to both parties. This document sets out the timetable for the exchange of financial disclosure and confirms the date of the hearing. Financial information is provided using a Form E, in which each party must give a full account of their assets, income, financial needs and contributions during the marriage along with other required information.
Form E documents are exchanged simultaneously. Once exchanged, under the Family Procedural Rule 9.14(5), each party may prepare a Questionnaire to address any points requiring clarification in the other’s Form E. Additionally, both parties are required to produce a Chronology, outlining the key events in the relationship, and a Statement of Issues, which identifies the matters in dispute that remain to be resolved. If either party seeks for an asset (such as the family home or a pension or a business) to be valued they should make an application for the joint instruction of an expert to prepare a valuation. An expert will only be appointed if the court thinks such a report is necessary. A pension’s expert can also be instructed to advice on how to share pensions to give equality of pension income on retirement.
What happens on the day of my FDA?
On the day of the hearing, each party will usually meet with their barrister to review any updates in the case and discuss potential outcomes. If a party is legally represented, they generally will not be required to speak for themselves during the hearing.
The judge will hear from both sides as they set out the directions they are seeking and explain the reasons behind them. If a direction is contested, it is often on grounds of proportionality or reasonability. When considering whether a question is proportionate or reasonable, the court must note that, “proportionality is the name of the game when costs are so high, and court time is more and more at a premium” (B v B [2013] EWHC 1232). After considering the arguments, the judge will decide which directions are appropriate and will make a binding order accordingly.
What happens next?
Parties are expected to comply with the deadlines set out in the FDA order. Once the FDA has taken place, the court will usually list the matter for an FDR hearing.
The team at Becket Chambers frequently take instructions in relation to First Directions Appointments. Should the reader have any questions, or is looking for representation, please do not hesitate to contact us at clerks@becket-chambers.co.uk
