Hey All,
I've made the decision to go down a private FDR route and given there are no threads on this process, I'm going to document it here for reference.
CONSIDERATION
If your case is relatively clear cut, for example there are only the standard assets such as a single family house & pension then the usual process makes total sense.
However if there are multiple assets, illiquid assets or non-marital assets which can complicate matters then you should consider looking at a private FDR.
HOW IT WORKS
The process effectively involves hiring a barrister that has qualified as a specialist pseudo-judge, there are plenty who have chosen to do so, to sit and hear your case & evidence.
It can cost between 3k-15k to hire one and the range effectively represents the normal barrister criteria I.e. how long they've been qualified, ranking, experience etc.
They can do it fully remotely, parties at different locations but each team physically together or everyone physically in the same room, usually at the barrister's chambers provided conference room.
Once they reach a conclusion you are NOT BOUND to take it but it can then be used to form a negotiating process to try and reach a settlement between parties, if reached, they will draft the consent order for the parties to be sent to court for sealing.
WHY DO IT??
The president of the Family Court Division has noted that it can usually be a more cost effective approach as a Barrister is not needed to represent each party, albeit you can still choose to have one.
As it is fully private & without prejudice you can usually get a date pretty short notice, leaving the court FDR date in place as a fallback, where decisions are actually binding and you'll have now already seen where the chips are likely to fall.
The key point however is that the 'judge' is hired for the whole day, not a 1hr or 3hr hearing with other cases to consider.
As such, they will be spending the entire time reviewing every bit of evidence and documentation you've submitted, in complex cases a family court judge just doesn't get the time to give the same level of attention.
You are therefore much more likely to reach a fairer outcome.
RISK?
Both parties must agree to the process going ahead.
You may have to cover the full cost of the 'Judge' if you were the one to suggest it
It's not binding, so you could have spent 3k on a solicitor and 7k on the judge to get no resolution
This could be especially the case if you have an intractable ex on legal aid who just wants to waste your time and money!
NEXT TIME....
I've only recently made this decision, so you'll hear about this process as I learn whilst making progress through it myself!
MJ
I've made the decision to go down a private FDR route and given there are no threads on this process, I'm going to document it here for reference.
CONSIDERATION
If your case is relatively clear cut, for example there are only the standard assets such as a single family house & pension then the usual process makes total sense.
However if there are multiple assets, illiquid assets or non-marital assets which can complicate matters then you should consider looking at a private FDR.
HOW IT WORKS
The process effectively involves hiring a barrister that has qualified as a specialist pseudo-judge, there are plenty who have chosen to do so, to sit and hear your case & evidence.
It can cost between 3k-15k to hire one and the range effectively represents the normal barrister criteria I.e. how long they've been qualified, ranking, experience etc.
They can do it fully remotely, parties at different locations but each team physically together or everyone physically in the same room, usually at the barrister's chambers provided conference room.
Once they reach a conclusion you are NOT BOUND to take it but it can then be used to form a negotiating process to try and reach a settlement between parties, if reached, they will draft the consent order for the parties to be sent to court for sealing.
WHY DO IT??
The president of the Family Court Division has noted that it can usually be a more cost effective approach as a Barrister is not needed to represent each party, albeit you can still choose to have one.
As it is fully private & without prejudice you can usually get a date pretty short notice, leaving the court FDR date in place as a fallback, where decisions are actually binding and you'll have now already seen where the chips are likely to fall.
The key point however is that the 'judge' is hired for the whole day, not a 1hr or 3hr hearing with other cases to consider.
As such, they will be spending the entire time reviewing every bit of evidence and documentation you've submitted, in complex cases a family court judge just doesn't get the time to give the same level of attention.
You are therefore much more likely to reach a fairer outcome.
RISK?
Both parties must agree to the process going ahead.
You may have to cover the full cost of the 'Judge' if you were the one to suggest it
It's not binding, so you could have spent 3k on a solicitor and 7k on the judge to get no resolution
This could be especially the case if you have an intractable ex on legal aid who just wants to waste your time and money!
NEXT TIME....
I've only recently made this decision, so you'll hear about this process as I learn whilst making progress through it myself!
MJ