Notice of Response to First Appointment

I have received a 'Notice of Response to First Appointment' from my ex's sol's. Do I need to complete it now? It says "Take Notice that at the first appoinment which will be heard on at the [Applicant][Respondent][will][will not] be in a position to proceed on that occasion with a Financial Dispute Resolution for the following reasons:-



I thought FDR was the last resort ie at the Final Hearing? This is just the first hearing.

thanks

Meas,

First Appointment is to sort out anything that is missing from the financial information and to establish the points at issue. If all the financial information is available, it can become an FDR - this is a directions hearing where the judge will tell you, having looked at the basic onformation, what he/she thinks a fair outcome may be. You can settle there and then if you are able to agree.

If there is still financial information needed, you will have to produce a questionnaire asking for the info. A timetable for this to be produced will be drawn up and the date for FDR set once everything has been collected in. Valuations, pension reports etc ... can be ordered by the court IF there is any dispute about them.

You are encouraged to negotiate right up to and during the FDR in the hope of settling without the need for a Final Hearing. One thing to consider at FDR is whether the financial difference between you is sufficient to merit the extra costs - at least 15k each if represented - of going to a FH.

If you have had the form E and are heppy that you have all the financial info you need to make a settlement, then you can make First Appt and FDR and speed up the process.

Hadenoughnow

Dear 'Hadenoughnow'

Thanks for your reply. To summarise do I need to do anything with that form? First Appoinment is in about 8 weeks time.

Form G
www.dca.gov.uk/consult/rarp/formg.pdf

Does it say that your ex will or will not be in a position to proceed on that occasion with a Financial Dispute Resolution appointment ?


The idea is that if you've each got enough information on each other's financial situation then you can use the first court appointment to negotiate your settlement. If you feel you haven't enough financial information yet you attend the first appointment and make sure the judge knows you require further information. When you feel comfortable that you have enough information so that you can negotiate only then agree to go to the FDR at court to negotiate how financial matters will be settled between you - or you can reach an agreement between yourselves and ask the court to endorse it as a Consent Order.
Never agree to make the first appointment into an FDR negotiation appointment at court until you have all the information you need.

no, it doesn't say, its just a blank form with boxes to parts to be deleted as applicable.

Sorry MeasMas - so you've been notified of the date of the First Appointment and now you're being asked 8 weeks before that first appointment whether you want to make the First Appointment into a Financial Dispute Resolution appointment so you can get stuck into negotiating a settlement - the question is whether in 8 weeks time you will have enough financial information disclosure to negotiate a settlement? The only safe answer is no you don't want the First Appointment to become an FDR appointment because you don't yet have complete financial disclosure.

The form definitely came from your ex's solicitor?

Assuming you're self repping/ Litigant in Person-
My instinct would be to send a copy to your ex's solicitor and a copy to court with your case number clearly marked.
My recollection is that any time you feel you have enough information to begin negotiating - if that happens before the First Appointment you will still be able -if you want to - to ask for the FA to become an FDR- probably with time limits - check with the court?
My preference would be to have the FA and use the FA to ask the judge about anything that seems amiss - eg pension information/house valuation etc - in my bitter experience rush into FDR and repent at leisure.