Private Financial Dispute Resolution Hearings

Last reviewed: 27th July 2026

Article summary

✓  Your private FDR hearing gives you a non-binding indication from an independent evaluator about how a court would likely decide your case.

✓  You and your former spouse jointly choose and pay the evaluator, often a senior barrister or a retired judge, and agree a date that suits you both for the hearing to take place.

✓  The evaluators costs are typically between £3,000 to £6,000 plus vat usually split between you, plus your own legal representation.

✓  If you are already in existing Court proceedings and rely on the court’s own FDR listing, you risk waiting significantly longer for a private FDR hearing and risk a lower chance of settling on the day, given current court delays.

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Introduction

It is no secret that the family court system in England and Wales is creaking at the seams. Financial remedy proceedings currently take an average of nine to 18 months from filing the initial application (Form A) to securing a final order. However, due to a shortage of judges, hearings are often cancelled at the last minute and proceedings delayed for long periods, This can be extremely stressful and frustrating for couples who want to move forward with their post-divorce lives. One way to avoid these delays is to have a private Financial Disputes Resolution (FDR) hearing. This gives you and your former spouse the same kind of judicial steer, on a date you choose, without waiting in a queue.

If you are not already within Court proceedings for financial remedy you can both agree to appoint a private FDR judge to give guidance and their view on likely outcomes if the matter were to proceed to Court. Many couples are using the private FDR process to settle financial matters on divorce quickly and cost effectively without involving the Court.

What is a Private Financial Dispute Resolution hearing?

A private Financial Dispute Resolution (FDR) hearing, also referred to as a private early neutral evaluation (ENE), is an alternative to the court-based FDR process in financial remedy proceedings. It involves the parties voluntarily engaging a neutral third party, often a specialist barrister, solicitor, or retired judge, to facilitate negotiations and provide an evaluative opinion on the likely outcome of the case. This process is designed to assist the parties in narrowing or resolving their financial disputes on the day without the need for a court hearing.

Private FDRs offer several advantages over court-based financial dispute resolution hearings. They allow for greater flexibility in scheduling, as the parties can choose a time and location that suits them, including evenings or weekends. The evaluator is a specialist in the area to be resolved which is particularly helpful in complex financial matters. The evaluator also t has much more time to prepare and focus on the case, receiving and reading the papers in advance which often a Court Judge does not have time for., This leads to a higher chance of settling on that day or shortly thereafter. The costs of the evaluator are borne by the parties, usually shared equally, although one party may agree to cover the full cost

What happens on the day of a private FDR hearing?

On the day of your private FDR, the independent evaluator that you and your former spouse have jointly appointed reads your papers in advance, hears submissions from the legal representatives of each side, then gives their view of how the issues should be settled and the likely outcome at a final hearing. You typically spend the morning before the evaluator who gives their indication and then the rest of the day negotiating to try to resolve all issues. If you are able to reach an agreement a Consent Order setting out the terms of the agreement is prepared and signed by all parties so you can finalise the day knowing you have concluded all matters. This is an enormous relief for most people that they have been able to resolve all matters. The Consent Order will then be lodged at Court for approval and made into a formal Court Order.

Your private FDR follows the same structure as the court-based FDR appointment under rule 9.17 of the Family Procedure Rules 2010. Rule 9.17(1) states that “the FDR appointment must be treated as a meeting held for the purposes of discussion and negotiation,” and rule 9.17(6) requires that “parties attending the FDR appointment must use their best endeavours to reach agreement on matters in issue between them.” For your private hearing, which means the day is built around settlement, not around a formal legal argument. The whole session is conducted on a without prejudice basis, meaning that discussions and proposals made during the session cannot be used as evidence in subsequent court proceedings if you have been unable to reach an agreement.

You and your former spouse each attend with your own legal representative, and the evaluator hears brief submissions on the outstanding issues before giving an indication of their give and what a court would likely order. This can often be a range of potential outcomes given the discretionary nature of a judge imposed decision at a final hearing.

Who acts as the evaluator?

The evaluator acting is usually a senior family barrister or solicitor or a retired family court judge, chosen jointly by you and your spouse rather than assigned by the court.

You have freedom to select someone whose experience matches your case, whether that means a solicitor or barrister who has extensive experience in divorce financial settlements or a retired judge with decades of financial remedy experience on the bench. Because you are both paying for this person’s time, you can choose someone whose availability suits your timetable, rather than accepting whichever judge happens to be free on the court’s list that day. Your evaluator’s role ends once the hearing concludes and they take no further part in your case if it proceeds to a formal court hearing.

How much does a private FDR cost?

A private FDR evaluator’s fee typically ranges from £3,000 to £6,000 plus vat for the day, split between you and your spouse (although one party can pay the entire fee if that is what you both agree), on top of your own legal representation costs. Complex cases involving business valuations or offshore assets can push the evaluator’s fee higher.

Private FDR costs include the evaluator’s preparation time reading your papers in advance (often the day before), plus their attendance for the full day. Where the hearing takes place at solicitors’ or barrister’s offices, this fee often also covers room hire and refreshments. Your own barrister or solicitor’s fees for preparing and attending the hearing sit on top of the evaluator’s charge, much as they would for a court FDR. Weighed against the cost of a contested final hearing, which can run into many thousands of pounds once expert witnesses and multiple further hearings are added, a private FDR often represents the cheaper route to a resolved case.

How likely is a private FDR to settle your case

A private FDR settles the large majority of cases that use it, with one specialist provider reporting an 80% success rate compared with under 50% for court-based FDR hearings, according to the Farquhar Report. The idea of private FDRs also has enthusiastic support from the judiciary. On his last day in office as President of the Family Division (27 July 2018), Sir James Munby expressed his support, saying:

“I hope that the lead and other judges will take the opportunity to develop and encourage the use of ‘private’ FDRs locally. A private FDR is a simple concept. The parties pay for a financial remedy specialist to act as a private FDR judge. That person may be a solicitor, barrister, or retired judge. No additional qualifications are required. The private FDR takes place at a time convenient to the parties, usually in solicitors’ offices or barristers’ chambers, and a full day is normally set aside to maximise the prospects of settlement. It takes the place of the in-court FDR.”

The higher settlement rate reflects the focused attention a private FDR gives your case: your evaluator has read only your papers, has an entire day set aside for you, and faces none of the list pressure a court-based FDR judge often does. If you do not settle on the day, you have lost nothing procedurally if you are already within existing Court proceedings: the case simply continues towards a final hearing, with directions given by the court in the usual way. Most couples find that even where full agreement is not reached at the hearing itself, the evaluator’s indication substantially narrows what remains in dispute.

Private FDRs are particularly useful and successful if you are not already within existing Court proceedings but wish to try to resolve all financial matters at an early stage without the Court’s involvement and delays. You and your solicitors can agree to appoint a private FDR Judge early on, after financial disclosure has taken place and thus avoid what are often substantial delays and costs in going through the Court process.

When is a private FDR suitable for your case

A private FDR suits your case if you and your former spouse are both willing to engage constructively, your assets are complex enough to benefit from focused expert attention, or you want a faster resolution than the current court list allows. It requires genuine cooperation from both sides to work.

You can use a private FDR either within existing court proceedings, once the court grants an order permitting the substitution, or before you have issued a court application at all, provided you have exchanged financial disclosure voluntarily. This flexibility means you do not have to wait until your case reaches the court’s own FDR stage to try this route. A private FDR is less likely to help you if your former spouse is unwilling to negotiate in good faith, since the entire process depends on both of you using the evaluator’s indication as a genuine basis for settlement rather than as another point to dispute.

Our guide on which non-court dispute resolution route to use compares a private FDR against mediation, arbitration, and collaborative law, so you can weigh which option fits your situation before committing to one.

Talk to Purcell Solicitors

We have considerable experience in private FDR’s and regularly act for clients as their Solicitor in a private FDR, either within existing Court proceedings or before any Court proceedings are issued. We are also able to advise you strategically as to whether it is in your interests to have a private FDR, and when, to maximise your chances of success and be as cost effective as possible.

If you are considering a private FDR or want help choosing the right evaluator for your case, we can talk you through the process and what it is likely to cost you. Our family law team regularly represents clients at private FDR hearings across Milton Keynes, Bedfordshire, Northamptonshire, Cambridgeshire, Hertfordshire and the Thames Valley, and you can reach us through our contact page.

Please note this article does not constitute legal advice.