First Directions Appointment (FDA)

What is the First Appointment? 

The First Directions Appointment is commonly referred to as the ‘First Appointment’ or ‘FDA’. This is the first hearing that takes place during the financial remedy proceedings. It constitutes a general ‘house-keeping’ hearing to work out and agree the next steps required to prepare a case for financial settlement, with a timetable of deadlines for each step to be met. 

As such, the hearing aims to put the parties in a position where they can confidently, in an informed manner, negotiate at the second hearing stage, by which point all issues, assets and liabilities should have been disclosed and identified. This second hearing is called the Financial Dispute Resolution Hearing (FDR). 

The court may give directions as to the valuations required, instruction of joint experts, obtaining and exchanging expert evidence, and additional documents to be filed. 

It is important to note here that the court’s duty, at every stage during proceedings, is to consider whether alternative dispute resolution is more appropriate. Where deemed more appropriate, the court can adjourn proceedings, so that this avenue can be set up and explored.  

If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

BOOK FREE CONSULTATION

Documentation required for the First Appointment  

A number of documents are prepared separately by each party in advance of the First Appointment, referred to collectively as ‘First Appointment Documents’. These comprise of:  

A Questionnaire 

A few weeks before the First Directions Appointment (FDA) takes place, both parties file a Form E (a statement detailing their assets and income). The questionnaire is essentially a response to the disclosure received, whereby each party produces a list of questions, including any relevant requests for further information and/or documentation. The questionnaire should be filed with the court 14 days before the FDA.

At the hearing, the judge will consider the proportionality and relevance of the questions raised, and strike out any considered disproportionate or unnecessary. Afterwards, the parties each have a few weeks to respond to each other’s questionnaire.  

Form G 

Form G is administrative in nature, constituting merely a form confirming that the case is not yet ready for any settlement to be negotiated, and as such the hearing needs to be used as an FDA.  

If the parties indicate that they are indeed ready for a settlement to be negotiated, the court may proceed with a Final Dispute Resolution Appointment (FDR). Form G needs to be filed at least 14 days before the FDA.

fORMS ES1 and es2

At least a day before the FDA, both parties must file a Form ES1 and Form ES2.  

Form ES1 is a short case summary which sets out the relevant information of the dispute and a list of key dates throughout the marriage, beginning from the parties’ dates of birth and ending with the date of the First Appointment. This will include (non-exhaustively): 

• Date of cohabitation
• Marriage 
• When any children were born
• When the marital home was purchased
• Date of separation
• Date of the divorce petition 
• Application for financial remedies

This is particularly important where dates such as those of cohabitation and separation are concerned, as these set the length of the ‘relationship’ in the eyes of the court, and could have a potential impact on the financial award. This form must be completed by both parties, who each must fill in their own section. Parties can set out their position and do not have to agree with each other. The court will then look at what the parties agree on, and what they dispute. 

Form ES2 is a financial summary which should also be completed by both parties. Similarly, the parties do not have to agree with each other and can say what they each believe something to be worth. It is in the format of an excel spreadsheet and where the parties dispute a valuation, the adjacent cells must be highlighted (unless the figures are less than £50 apart). 

Form FM5

The aim of the FM5 form is for the court to understand your position on (and view of) amicable solutions to resolving family disputes. This form requires you to provide detailed reasons why you believe non-court dispute resolution (NCDR) either will not be successful or has not been successful. The parties are required to file the Form FM5 seven days before the First Directions Appointment (FDA).

Property Particulars

Property particulars are materials that identify a property’s key characteristics for sale or rent. Each party should file no more than three sets of property particulars showing what their case is likely to be on their housing needs; and the same for the needs of the other party. Property particulars should be filed at least 14 days before the First Appointment (FDA). 

Mortgage capacity reports

A mortgage capacity report is a document that assesses a person’s financial ability to pay a mortgage. It provides a more in-depth analysis of a person’s financial health than a credit check.

Each party should file jointly obtained brief indicative material about their respective borrowing capacities. If jointly obtaining such material proves impossible, the parties should individually use their best endeavours to obtain and file such material. This material will not preclude the parties from later seeking to adduce formal evidence of this nature.

A mortgage capacity report should be filed at least 14 days before the FDA. 

Family home appraisal

The applicant must file a jointly obtained market appraisal of the value of the family home (except where the property is rented). If jointly obtaining the market appraisal proves impossible, the parties should each file an appraisal and must be prepared to explain the reason for the impossibility to the court.

The family home appraisal should be filed at least 14 days before the FDA. 

Form H

Form H is a statement of the costs already incurred and an estimate of costs to be incurred. Form H should be filed no later than one day before the First Directions Appointment (FDA).

The Hearing 

The court enjoys wide powers at the hearing, where it must first fulfil its duty to go through the submitted documents and consider any requests for information/disclosure as contained in the questionnaires. 

At this stage, the court is likely to also give a direction for the assets to be independently valued by an expert (for example, a chartered surveyor for property) where parties cannot agree. A judge cannot attribute their own value to the assets. This is most commonly done for the family home, but can also be deployed for the valuation of cars, jewellery, handbag collections, holiday homes, wine collections, etc. Other useful expert reports to obtain, on a case-dependent basis, include pension and medical reports. It is also important to note that such valuations are only needed for matrimonial property - any assets outside of the court’s distributive powers need not be valued. 

The court must then direct the case to be referred to an FDR, before which it must set out case-appropriate instructions (‘directions’) for the steps that ought to be taken before then. This includes (non-exhaustively) obtaining expert evidence, further valuation of assets, and any more or remaining chronologies. Pending the FDR, the court may also choose to make any interim orders where necessary (for example, maintenance pending suit). 

Accelerated First Appointment Procedure 

An accelerated FDA enables parties to expedite the financial proceedings process and avoid the First Hearing when they have already reached agreement on what should happen at the hearing itself. This opportunity therefore allows parties to cut unnecessary costs, time, and the need for attendance. However, it is only offered in circumstances where the following criteria is met: 

• The parties must have agreed on, and signed, a draft Consent Order (a document which formalises any financial agreement reached between the parties, which can be converted into a final, binding order by the court). This draft Consent Order must then be filed with the court at least 14 days prior to the FDA date. 

• The parties are able to provide all of the First Appointment documents (detailed above) with their draft Consent Order, as well as their Form E. Form E is a form setting out an individual’s full financial details, with the need to give full and frank disclosure.

• A district judge has approved the draft Consent Order prior to the First Appointment (otherwise the FDA goes ahead on the fixed date as normal). 

The accelerated FDA does not, however, circumvent the FDR hearing, which must take place for all divorcing parties irrespective of whether the FDA is expedited.