Private Financial Dispute Resolution | A Faster, More Efficient Alternative to Court for Divorce Settlements

Navigating the court system during a divorce can often be challenging. Delays are common and attending court hearings can be both emotionally draining and time-consuming. Even when a judge hears your case, they are usually dealing with many other cases on the same day. While judges work incredibly hard under difficult conditions, it’s understandable that you may feel your case hasn’t been given the attention it deserves.

What is a Private Financial Dispute Resolution Hearing (PFDR)?

A Private Financial Dispute Resolution Hearing (PFDR) is a much more efficient and tailored alternative to reaching a financial settlement during a divorce. In traditional court proceedings, the Financial Dispute Resolution (FDR) hearing is the second of three possible hearings. At an FDR, a judge will review both sides’ positions and give an idea of what they believe would be a fair outcome at a final hearing. This can help both parties negotiate and hopefully reach an agreement, avoiding the stress and significant cost of going to trial.

Why consider a PFDR instead of going to court?

PFDRs work in a similar way to court-based FDRs but come with significant benefits:

Flexibility and Comfort: Instead of being restricted by court schedules, you and your former partner can choose a date, time, and location that works best for you. The process feels less formal and intimidating, compared to a courtroom setting.

A Dedicated Judge: In a PFDR, you jointly hire an experienced ‘Private FDR Judge’—usually a senior barrister or retired judge—who will focus solely on your case. Unlike public judges who have limited time, a Private FDR Judge will have read through all the relevant financial documents and arguments in detail before the day of the PFDR. This means they will have a thorough understanding of your case and can provide a considered, fair indication on how the matter might resolve.

No Feeling of Being Rushed: The PFDR Judge is available to you for the entire day. This ensures your case is given the time and attention it needs, without the pressure of fitting into a busy court schedule.

A Faster, Less Confrontational Process: PFDRs offer a calmer and more collaborative way to resolve disputes. Many people find the process far less stressful than going to court.

How does the PFDR day work?

Typically, the PFDR begins in the morning. The Private FDR Judge will hear the key points from both parties (through their solicitors or barristers), and everyone will then break for lunch. In the afternoon, the Judge will give their indication of a fair outcome based on the evidence and legal arguments. You can then continue negotiations with this guidance in mind, with the goal of reaching an agreement.

What about the cost?

While PFDRs do involve a cost— the same legal representation and assistance for a normal FDR would be required and therefore the same costs would be incurred and there is the additional fee of the Private Judge, typically up to £10,000 shared between the parties)— However by avoiding lengthy delays and the significant expenses of a final hearing, PFDRs can save costs in the long run and can be a worthwhile investment.

Why choose a PFDR?

At Hegarty, we believe that PFDRs offer a much more positive, constructive, and efficient way to resolve financial issues compared to relying on the court process. While they aren’t suitable for every case, where appropriate, PFDRs can make what is often a difficult time feel less stressful, more focused, and ultimately more successful.

Our team will support and guide you through every step of the process, helping you achieve the best possible outcome while prioritising your wellbeing. If you’d like to know more about PFDRs and how they could benefit you, we’re here to help.