What to expect at first court date / FDR?

[ScoobyCan]

Can anyone help? I've got first financial dispute court date in January and I'm not entirely sure what to expect / what to wear / how early to show up / what to bring.

Financially and emotionally abused for years - can't even look at STBX. He's not only kept money from me but he's stolen thousands from our children. Thousands. He's a deceitful and manipulative bastard and I just hope the judge sees through him. It took me over a decade so I don't hold out much hope.

We have exchanged Form E and are just exchanging questionnaires / chronological schedule of issues.

I know I should ask my solicitor what the protocol is, but the Barrister is costing me an absolute fortune so I just cannot afford to spend any more money, so good folk of MN, please advise?

The hearing is the First Directions Appointment. It can be used as a Financial Disoute Resolution appointment, but if there is more disclosure/valuation required, then it will just be an FDA which is largely admin. The court will direct replies to questionnaires (and possibly strike out or amend questions). Directions for valuations are given if needed, and a date set for FDR with directions to file alternative property particulars and mortgage capacity evidence.

You are usually ordered to attend 1 hour before hearing time. Your solicitor will tell you. Dress smartly but as yourself. If you do a suit wearing job then wear a suit. Otherwise, be clean, not too flamboyant, avoid flashing the flesh, and no distracting sparkles or slogans.

Take something to read, there can be a lot of hanging about. Take water and snacks. Have a fully charged phone.

What? You are telling people what to WEAR? I imagine the OP can pick her own clothes and wouldn’t think to “flash the flesh”. I think she was asking for some solid advice on the actual hearing and it’s CONTENT, not a fashion update. #everydaysexism

She asked what to wear, you bizarre nutter.

Do you think the court will make a decision based on what someone wears? What sort of system is this?

One run by humans, who can't help but act like humans.

Strange, I thought it was based on legal precedent and legislation plus the facts of the case.

Yes, all considered by a judge, who is a human, and is there to determine any disputed facts, and assess the parties' needs and resources.

Of course dressing properly is important, as it implies competence. Someone dressing like a dosser or completely inappropriately is likely to be a less competent person and parent. It will also likely empower people to perform at their best. Male or female, it really isnt gender specific.

Same reason as you dont turn up to a job interview in a tracksuit.

That said, the first court appointment (FDA) will likely be a waste of time unless it can move straight to negotiation - don't spend too much on it if I were you. The FDR is the important date.

Tbh FDA felt more like an opportunity for the legal profession to make cash.

Thanks @MrsBertBibby - you are right. I did ask what to wear. I'm a homemaker by profession, I don't have handbags or suits or heels. I wear jeans and trainers, I run around after my children in hoodies and T-shirt's. Now I have a part time job I wear a uniform but I'm not sure the judge needs to see my Homebase (other hardware stores are available) T-shirt and trousers.

I'm staggered at the cost I really am. I'm absolutely devastated that money I need to feed my children and pay my bills is going on what appears now to be an hour or so of admin. I've begged my ex not to go down this route however it seems he is more than happy to spend money he doesn't have. Has done for years. I'm so resentful I honestly am quite worried about my levels of emotion. Am I going to be asked to speak?

I know, the costs can be high. Do you mind my asking what you are paying for the barrister? Does your solicitor think there is any prospect of using the hearing as an FDR?

You shouldn't be asked to speak. You will mainly be wondering why you are there!

Seriously if its just an FDA I wouldn't bother with a barrister, £££ saved immediately.

Tbh I have no idea why they even need a hearing for an FDA, feels like a good excuse for the legal profession to make cash to be honest.

Thanks @MrsBertBibby - over £2k for this one (this includes counsel preparation work and legal representation for first court date). I'm guessing it'll be the same for the second one - whilst I had hoped this could be used for an FDR rather than the preliminary Admin one, he's been so deceitful we've only just had some of the basic info we need - and there's a lot more to come. We exchanged voluntarily 8months ago but he gave about a page of crap info, and we've been asking for more ever since. According to him we've lived off fresh air for 14 years. You and I both know that's impossible...

@xzcvbnm - I'm guessing the choice made in legal representation has a lot to do with the complications (over 18 months now) regarding the extracting of info re: finances?

Mrs bibby might be able to tell you more but I heard that it can be cost effective to get a direct access barrister from here for an FDR and jettison your solicitor. You after all have already exchanged form Es?

Two grand for counsel for an FDA?! That's pretty steep. I usually expect to pay around £850 to 1K plus VAT for counsel for an FDA unless it's a really complicated case with big and tricky assets.

Who is drafting the questionnaire etc? Solicitor or Counsel?

@MrsBertBibby - it's a really complicated case with big and tricky assets.

Nailed it MrsBB.

Who is drafting the questionnaire etc? Solicitor or Counsel?

Solicitor and Counsel are drafting questionnaire / statement of issues together with my input.

OK that sounds more reasonable!

I know it's tough, but clearly there was never a chance of this being sorted outside court.

Good luck!

Thank you @MrsBertBibby - I believe you are right. Just feels like such a waste of money, the only people who are going to really lose out are my children. I can divorce the deceitful thieving piece of crap he is: he, however, remains their father, and continues to deceive and thieve from them.

FDA is just to agree questions, and it will feel like a waste of people's time & money.

Ask your solicitor what knowledge they have on the court judges. They should gave experience with their local court.

I would not pin your hopes on a judge seeing through your Ex, sadly.. certainly not in FDA as you maybe infront of a judge for 5 mins. Even FDR can be 10-15mins max and most judges seem to have a template that they roll out.
At Final Hearing evidence is looked at but from recent cases I have seen the agenda seems to be weighed towards 50:50 and SM for 2 or 3 max...irrespective of circumstances.

Is your Ex a high earner? What are the finiancial issues being disputed?

My FDA was about £1,000. Judge did a good job of weeding out pointless questions raised by Ex and squashed their request that I had to produce every bank statement for last 10 years.

Judge was not prepared to follow on to an FDR as Ex (who was the Applicant) had not filed their Form E.

FDR took place about 4 months later and was a shambles. Ex still had not filed Form E, but Judge somehow made a recommendation!

l also had a barrister at my FDR and at the second hearing. My ex had either ignored correspondence or his solicitor had replied with lengthy gaps. The whole process took 12months for the court hearings. At the second hearing, after 8hrs of backwards and forwards between barristers in the court we agreed a settlement but I had to really hold my nerve and at 5pm he agreed, just before a final hearing date would have been set. I would also point out that the judge at the 2nd hearing wasn't in my favour so to speak and suggested a lot less than I got but as I say I held my nerve (because there was a large financial sum contributed by me in the early marriage that I couldn't prove and he denied it) and got a good settlement including spousal maintenance, all down to my barrister, he was amazing and lived up to his reputation (about £2500 a day).

l also had a barrister at my FDR and at the second hearing. My ex had either ignored correspondence or his solicitor had replied with lengthy gaps. The whole process took 12months for the court hearings. At the second hearing, after 8hrs of backwards and forwards between barristers in the court we agreed a settlement but I had to really hold my nerve and at 5pm he agreed, just before a final hearing date would have been set. I would also point out that the judge at the 2nd hearing wasn't in my favour so to speak and suggested a lot less than I got but as I say I held my nerve (because there was a large financial sum contributed by me in the early marriage that I couldn't prove and he denied it) and got a good settlement including spousal maintenance, all down to my barrister, he was amazing and lived up to his reputation (about £2500 a day).

Thanks again all for sharing experiences and insight. I can't go into detail but suffice to say the extraction of truthful information from my ex has been painful and his solicitor remains duplicitous. He has either been hoodwinked too or is quite simply a case of both as bad as each other. His first solicitor refused to represent him and the second walked off the case....

Thanks though.