First Directions Appointment (FDA): What to Expect

The First Directions Appointment (FDA) is a pivotal moment in any financial remedy case following divorce or civil partnership dissolution in England and Wales. It’s the first court hearing after you file Form A, and it sets the tone—and timetable—for everything that follows. Many people underestimate its importance, but a well-prepared FDA can save months of stress, legal wrangling, and unnecessary costs.

What Is the FDA For?

The FDA is not about deciding who gets what. Instead, it’s about making sure both sides have all the information they need to negotiate a fair settlement. The court’s main aim is to identify what’s agreed, what’s in dispute, and what further evidence or disclosure is needed. If you come unprepared, you risk leaving with a long list of extra tasks, a delayed timetable, and sometimes even a warning about costs.

Key Objectives of the FDA

• Narrowing the Issues: The judge will focus on what assets exist, whether any need to be valued, and if expert evidence (such as a pension or business valuation) is required. If you disagree about the value of a property or business, this is the time to raise it.

• Setting Deadlines: The court will set deadlines for answering questionnaires, exchanging further documents, and providing any missing information. If you haven’t given full disclosure, expect to be ordered to do so quickly.

• Ordering s25 Statements: In some cases, the judge may order both parties to prepare statements addressing the factors in section 25 of the Matrimonial Causes Act 1973—such as needs, contributions, and welfare of any children.

How to Prepare: Your Checklist

Preparation is everything. The better your bundle and paperwork, the more likely you are to make progress—or even settle—at or before the FDA. Here’s what you’ll need:

• Paginated Bundle: All documents must be in a single, paginated bundle, with a maximum of 350 pages unless the court agrees otherwise. Missing or unpaginated documents are a common reason for adjournments and judicial frustration.

• Chronology: A clear, concise timeline of key events in your relationship and financial history.

• Asset Schedule: A summary table showing all assets, liabilities, and income for both parties. This helps the judge and the other side see the big picture at a glance.

• Note of Issues: A short document setting out what’s agreed, what’s disputed, and what you think needs to be resolved.

• Pre-FDA Negotiation Letter (Rule 9.27): You must send a letter to the other party before the FDA, setting out your position and any proposals for settlement. This is a formal requirement and helps focus the hearing.

Why Good Preparation Matters

Statistics show that around 40% of financial remedy cases settle fully at or before the FDA when the bundle is complete and the issues are clear. If you’re missing documents or haven’t disclosed everything, the court will simply order you to do so, and you’ll leave with more work and possibly a warning about costs. In some cases, repeated failures to comply can result in you being ordered to pay the other side’s legal costs.

Common Pitfalls and How to Avoid Them

• Incomplete Disclosure: If you haven’t provided all bank statements, pension values, or business accounts, the court will order you to do so. This delays the process and can damage your credibility.

• Disorganised Bundles: Judges expect bundles to be paginated and indexed. If yours isn’t, you risk adjournment or a costs warning.

• Ignoring Deadlines: The court will set strict deadlines for answering questionnaires and providing further information. Missing these can have serious consequences.

• Lack of Focus: The FDA is not the time for lengthy arguments about entitlement. Stick to what’s needed to move the case forward.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.