In financial remedy proceedings in divorce in England and Wales, the first directions appointment hearing (FDA) is an initial procedural hearing.
The primary purpose of this hearing is for the court to do some initial ‘housekeeping’ and ensure that both parties have provided all necessary financial information required to proceed.
The FDA does not usually involve making final decisions about the division of assets, but rather focuses on managing the process efficiently. Here’s what typically happens:
1. Review of Financial Disclosure: The court examines the Form E financial disclosure documents submitted by both parties. The Judge will check if further documents or clarification are needed to ensure that the financial picture is clear.
The court will also want to review any questions raised by either party in respect of the financial disclosure to ensure answers to the questions are timely, necessary and proportionate.
2. Directions for Further Evidence: The Judge will issue directions for any additional financial disclosure or expert evidence, such as property valuations or pension reports, if these are needed to make a fair decision.
3. Discussion of Settlement: While the FDA is not a negotiation hearing, there may be some informal discussion about potential settlements. The court will encourage both parties to consider settlement options to avoid a contested final hearing.
4. Timetable for Future Hearings: The court will set a timetable for the next steps in the case, which could include a Financial Dispute Resolution (FDR) hearing, where settlement discussions take place with the assistance of a Judge. If settlement is not reached, the court may set a date for a final hearing.
5. Costs: The issue of legal costs might be briefly touched upon, particularly if one party has been uncooperative in providing financial information.
In short, the FDA is mostly procedural, aimed at ensuring that all the necessary information
is in place for future hearings or for settlement discussions. No final decisions about financial division are typically made at this stage.
In order to proceed to the next stage of financial proceedings it is vital to ensure you have complied with all the court requests for information or ‘directions’.
If you’re in any doubt or need further assistance, contact one of our team today.
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