A Private Financial Dispute Resolution (also known as a private FDR or pFDR) is a forum for separating spouses and civil partners to attempt to resolve the division of their finances. It mirrors the court-based FDR appointment, which is a without prejudice hearing (one where concessions and compromises can be offered without fear of them being relied upon at a final hearing if not accepted) aimed at facilitating settlement.

A private FDR can take place without commencing court proceedings, or it can be used as an alternative to a court-led FDR. The benefits of a pFDR are often discussed, but what does a day at a private Financial Dispute Resolution actually entail—and how might it differ from a court-based hearing?

Weeks Before

Whether proceeding to a court-based FDR or a pFDR, both parties and their legal representatives will need to undertake preparation in advance, including:

  • Exchange of up-to-date financial disclosure: This will usually have taken place some weeks earlier so that there is a clear picture of the assets and resources available for division.
  • Exchange of additional information: This may include example housing particulars and evidence of mortgage-raising capacity. Again, this should be completed in advance so that each party’s position on their own housing need, and those of the other party, are understood.
  • Exchange of without prejudice proposals: This ensures each party’s position is known ahead of the day, helping everyone to prepare and consider where movement might be possible to achieve settlement.

This may also be the first time you meet your barrister, typically during a conference with your solicitor (either in person or remotely). Your barrister will have been “briefed” by your solicitor in advance. This meeting provides an opportunity to clarify any outstanding issues, receive advice on your case, and discuss what to expect from the private-FDR process.

Days Before

From a practical perspective, preparation for a pFDR is similar to that for a court hearing. Final documents will be prepared, including:

  • The ES1: A jointly prepared document summarising key dates, issues and background information for the (private) judge.
  • The ES2: A jointly prepared spreadsheet setting out the financial figures relied upon by each party. Significant differences must be clearly identified, as the (private) judge will need to deal with these to quantify what is available for division, before deciding how to divide.
  • Your case summary: Prepared by your barrister, this document outlines your position and the reasoning behind it. It may include legal arguments and references to key parts of the evidence. You will usually have the opportunity to review a draft before it is submitted.

A key difference with a private FDR is judicial preparation. Due to pressures on the court system, judges in court-based FDRs are often unable to read all the papers in advance. By contrast, a private FDR judge will have time set aside beforehand to review the documents and consider potential outcomes.

The Night Before

It is normal to feel apprehensive the evening before. Practical considerations can help ease some of that uncertainty:

  • What to wear: There is no formal dress code, but smart attire is typical. Barristers will usually wear suits. Offices and chambers can be cool, so it is worth bringing an extra layer.
  • What to eat: Refreshments and lunch are often provided by the host (typically solicitors’ offices or barristers’ chambers). However, you may prefer to bring your own snacks to ensure comfort throughout the day.
  • What to bring: There is usually no requirement to bring documents, but your solicitor will advise if anything specific is needed. A notebook or laptop can be helpful for making notes. Access to your bank balances (for example via a mobile app) may also be useful if figures need to be updated or confirmed.

You will usually have a private room (“base camp”) for the day, where you can leave your belongings.

  • Who to bring: Unless agreed in advance, it is not necessary to bring anyone with you. Your solicitor and barrister will be present. While a friend or family member may provide support, they will generally not be permitted in the private judge’s room. Consider carefully whether their presence will assist or hinder settlement discussions. For example, whilst a new partner or adult child may provide emotional support to you, how is this likely to be received by your former partner and could this be a distraction from settlement negotiations?

The Day of the pFDR

Start of the day: Private FDRs typically begin in the morning, allowing a full day for negotiations. Whilst this is the aim for court-based FDRs, sometimes listing constraints mean the FDR does not start until later in the day.

You will meet with your solicitor and barrister for pre-hearing discussions at the agreed venue and will be directed to your room for the day. This venue will be undoubtedly more comfortable than a court-building, where private rooms are rarely guaranteed.

The barristers may speak to one another to narrow issues before seeing the judge. You and your former partner will remain in separate rooms, with representatives reporting back.

Before the judge: When ready, you will go into the ‘hearing room’ where the judge is sitting. You will sit alongside your solicitor, with the other party and their representative on the other side of the room. If there are concerns about seeing the other party, screens can be set up to ensure you do not have to encounter one another. This is quite common, and will not impact the financial outcome.

The private judge, usually an experienced barrister or retired judge, will have been agreed in advance. This allows both parties to mutually select someone with appropriate expertise. In contrast, the judge in a court-based FDR is usually not known until shortly beforehand.

The judge will introduce themselves and explain the purpose of the hearing, which is to assist the parties in reaching a settlement.

Submissions: Each barrister presents their client’s case, expanding on the written summaries. The focus is on disputed figures and differing positions. The private judge may ask questions as the barristers go through, or save these for the end. There will be no need for you to speak to the private judge, though you can pass instructions to your solicitor or barrister.

Indication: The private judge may take time to consider the case before giving an indication—something less common in court due to time pressures.

The judge provides an indication of the likely outcome if the matter proceeded to a final hearing. While not binding, it offers valuable guidance and can help facilitate settlement. It is common for this indication to be backed up in writing – either through something known as a net effect schedule (a schedule illustrating the impact of the advised settlement) or through a full written indication. This is helpful, as it gives something to refer back to afterwards.

Negotiations: Following the indication, negotiations commence. Your legal team will advise you on any revisions to your position in light of what the private judge has said. Barristers will move between rooms to relay proposals and responses, and can do this into the evening if progress is being made. All negotiations remain without prejudice.

The private judge remains available throughout the day to assist if needed. This is another key advantage over court proceedings.

Agreement: If settlement is reached, it will be recorded either as Heads of Agreement or in a draft financial remedy order depending on how much time is left in the day. This agreement is binding in principle and difficult to resile from later.

Private FDRs have a high success rate, in part because both parties have invested in the process. However, if settlement is not achieved, your legal team will advise on next steps. This may include leaving proposals on the table for consideration, for enquiries need to be made following the pFDR, or pursuing a binding determination through court or private adjudication.

How we Can Help

At Stephens Scown, our experienced family law team regularly advises clients on both court-based and private Financial Dispute Resolution. We will guide you through every stage of the process, from preparation and strategy to negotiation on the day, ensuring you feel informed, supported and confident throughout.

This article was written by Benitia Knowles-Wright Senior Associate in our Family Law team.