With growing delays in the family courts and an increasing emphasis on confidentiality, more divorcing couples are turning to private Financial Dispute Resolution (pFDR) hearings. These hearings offer a streamlined and flexible approach to resolving financial matters without the unpredictability of the public court system.
What is a private FDR?
A private FDR is a without-prejudice hearing where divorcing couples appoint an independent judge, often a senior barrister or retired judge, to provide a neutral evaluation of their financial dispute. This process mirrors a court-led FDR but allows the couple to:
- Choose their own judge based on expertise.
- Schedule a hearing at a convenient time, avoiding court backlogs.
- Conduct negotiations in a confidential and less adversarial setting.
- Maintain privacy (in a court-led FDR, members of the media can attend too).
If a settlement is reached, it can then be formalised into a binding financial order.
Why are private FDRs increasingly popular?
Several factors are driving the surge in private FDRs:
- Public court delays – The backlog in the family courts means couples often face long waiting times for hearings, which can delay settlements by months or even years. A private FDR significantly reduces this timeline, allowing cases to progress within weeks. We also regularly see court hearings adjourned at the last minute due to lack of judges or a case being double listed. This is very upsetting, and expensive, to learn the day before that your hearing has been postponed.
- Greater control and flexibility – Unlike court FDRs, where cases are often rushed due to overloaded schedules, private FDRs ensure the judge has the time and focus needed to fully understand the case and provide meaningful guidance. Often they span a whole day rather than just a couple of hours.
- Greater control over location and the environment – In a private FDR, you can select the location of the hearing. You are not ordered to attend a specific court, you decide where it will take place at a time to suit you. You can pick a much more pleasant and comfortable environment than a court room.
- Confidentiality – Given the increased transparency initiatives in the family courts, many individuals prefer private FDRs to avoid media attention and maintain discretion over sensitive financial matters.
- Higher settlement rates – The focused nature of private FDRs mean cases are more likely to settle at this early stage, reducing the emotional and financial strain of prolonged litigation.
Cost considerations
The cost of hiring a private judge typically ranges from £4,000 to £10,000 (plus VAT), depending on the complexity of the case and the seniority of the judge. However, this cost can be outweighed by:
- Avoiding expensive final hearings.
- Minimising legal fees associated with prolonged litigation. If matters conclude earlier, the legal bills stop.
- Reducing the financial uncertainty that comes with extended litigation.
Costs are usually shared between both parties, making it a viable option for a wide range of individuals who wish to resolve matters efficiently and avoid the stress of lengthy court proceedings.
The future of private FDRs
As the courts continue to face heavy caseloads and the demand for discretion grows, private FDRs are expected to become even more commonplace. Family law practitioners increasingly recommend them as a pragmatic and effective solution for resolving financial disputes in divorce cases.
For couples looking for a more efficient, confidential and controlled resolution process, private FDRs offer a compelling alternative to the traditional court system.
If you are considering a private FDR, our expert family law team can guide you through the process and help you achieve a resolution that works for you. Contact us today for your free initial consultation.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
