The First Appointment in financial remedy proceedings

What is the First Appointment?

The First Appointment — sometimes called the First Directions Appointment or FDA — is the first hearing in financial remedy proceedings. It takes place after both parties have filed and exchanged their Form E financial statements.

It is a case management hearing, not a decision-making one. The judge does not make decisions about how the finances should be divided. Instead, they:

• Identify what further disclosure is needed
• Resolve any immediate disputes about the Form E
• Decide what expert evidence (if any) is required
• Set the timetable for the case
• Fix the date of the FDR hearing

Before the First Appointment

Questionnaires

After receiving the other party’s Form E, each party can (and usually does) send them a questionnaire — a list of questions and requests for further documents arising from the Form E. This is the standard way to seek additional disclosure.

Questionnaires must be filed with the court at least 14 days before the First Appointment.

Chronology

Both parties must file a brief chronology of the relevant facts: dates of marriage and separation, significant financial events, children’s details.

Schedule of issues

The parties (or their solicitors) should try to agree a schedule of the issues still in dispute before the First Appointment. Where agreement isn’t possible, each party files their own.

Form G

Both parties must file Form G before the First Appointment. This confirms whether you are in a position to use the First Appointment as an FDR — i.e., whether you’re ready to try to settle. If both parties agree and the disclosure is complete, the court can treat the First Appointment as an FDR, potentially saving a hearing.

Notice of issues

Each party must file a short document setting out the issues they want the court to address and what directions they’re seeking.

What happens at the hearing

Questionnaires are considered

The judge reviews the questionnaires both parties have sent. Responses to questionnaires are not due before the First Appointment — the judge decides at the hearing which questions must be answered and by when.

The judge will:

• Identify which questions are legitimate and proportionate
• Dismiss questions that are irrelevant, disproportionate, or a fishing exercise
• Set a deadline for replies

Expert evidence

The judge decides whether expert evidence is needed. Common experts in financial remedy cases include:

• RICS valuers — for property valuations (including the family home and investment properties)
• Pension actuaries — for detailed pension analysis beyond the basic CETV
• Business valuers — where one party owns a business
• Accountants — for forensic accounting where complex finances or hidden assets are alleged

The parties are expected to agree a joint expert wherever possible, rather than each instructing their own.

The timetable

The judge sets a timetable covering:

• Deadline for replies to questionnaires
• Deadline for expert reports
• Any further disclosure required
• The date of the FDR hearing

Costs

The judge may deal with any costs applications arising from the First Appointment — for example, if one party has failed to file documents on time or has sent an unreasonably long questionnaire.

Tips for the First Appointment

Know your questionnaire — if you’ve sent one, be ready to justify each question. If you’ve received one, be ready to explain which questions you agree to answer and which you object to.

Be proportionate — questionnaires in relatively modest cases shouldn’t run to 50 questions. Judges are not impressed by disproportionate fishing exercises.

Consider Form G — if disclosure is reasonably complete and you’re ready to explore settlement, agree with the other party to use the First Appointment as an FDR. It saves time and cost.

Have your diary — the judge will fix the FDR date and may need to know your availability and the availability of any relevant experts.