The First Directions Appointment, also known as an FDA, is the first Court hearing in financial proceedings for divorcing couples. The process normally goes something like this…
If it has become clear that you and your spouse or partner are unable to reach an agreement, or if one spouse is not fully engaging in discussions and it has become difficult to progress matters, it is possible that your solicitor will advise you to consider issuing financial proceedings.
What happens if you issue financial proceedings?
When you issue financial proceedings, you are asking the Court to help you settle matters. Financial proceedings can be stopped if you and your spouse reach an agreement; however, the proceedings ensure that the financial matters keep moving forward.
You should take independent legal advice if you are concerned that you and your spouse are unable to reach an agreement and you would like advice on how to move forward. Taking advice can also give you much needed peace of mind during what is often a stressful and difficult time.
How does the First Directions Appointment work?
Step 1
The Court will send you and your spouse a Notice of First Appointment. This sets out the timetable for the exchange of financial information between you both and the date of the FDA.
Step 2
The exchange of financial information is done by way of Form E – this is a lengthy document where you provide information about all of your assets including bank accounts, investments, income and pensions. You are also able to set out your needs and discuss your contributions to the marriage.
Step 3
Forms E are exchanged with your spouse at the same time, so that the other party cannot change what is in their Form E in light of what they have read in your Form E.
Once you have exchanged Forms E, both of you will produce separate Questionnaires containing questions about your spouse’s Form E. You will also need to prepare a Chronology and Statement of Issues. You may hear these documents being referred to as the “First Appointment documents”. Your solicitor will be able to advise you on the contents of all three documents in accordance with your personal circumstances.
Step 4
At the First Appointment hearing, discussions will take place with the Judge as to what additional information is required before the case is ready to proceed to the next stage, if any. You will not need to give evidence at this stage and your solicitor or barrister will make representations on your behalf. You will normally have had the opportunity to discuss your position with your barrister before the hearing takes place.
Step 5
The Court will then order directions for the gathering of additional information which you and your spouse or partner need to reach a financial settlement i.e. a report on the pensions, formal valuation of a property. The information needs to be provided within a certain timeframe, minimising the risk of any undue delays being incurred.
Step 6
Finally, the Court will set a date for the next hearing, the Financial Dispute Resolution hearing, also known as the FDR. By this stage, you should have all of the additional information you and your spouse need to reach a financial settlement.
How are First Directions Appointments operating during the pandemic?
Given the current circumstances, most hearings are being held remotely. This means the First Directions Appointment would be carried out outside of Court, in accordance with social distancing measures, and by way of video or telephone.
If you are concerned that you and your spouse or partner may not reach a financial resolution unaided, or have received a Notice of First Appointment, you should take independent legal advice on how to proceed.