Private FDR in Hong Kong: What It Is and How It Works

Imagine you could ask an experienced Judge one question before you spent two years and a small fortune fighting over money: "If this went to trial, what would you order?"

That is exactly what a Financial Dispute Resolution hearing, or FDR, gives you. A private FDR gives you the same thing, on a date you choose, in a private room, in one day.

How an FDR Works Within the Family Court

When a divorcing couple cannot agree about money, the Family Court places their case into the "financial track". After the first hearing, the case is listed for an FDR. At the FDR, the Judge reads both sides' papers, hears a short summary of each position, and then gives an indication: a view of what the Court would be likely to order if the case went to a full trial.

Everything said at an FDR is "without prejudice". Offers, concessions and the Judge's indication cannot be used later. That freedom is the point. It lets both sides speak frankly, and most financial cases settle at this stage.

If they do not settle, the case goes to a financial trial before a different Judge, with more cost, more delay, and an outcome neither party controls.

How an FDR Works Privately, Outside the Courtroom

A private FDR follows the same idea outside the court building. Instead of waiting for a court date, the parties jointly appoint a senior barrister or retired Judge to read their papers, hear both sides and give a reasoned indication of the likely outcome. The parties then negotiate in the light of that indication, the same day.

The indication is not binding, and the whole process is confidential and without prejudice. If agreement is reached, the terms are written up as heads of agreement, ready for the parties, or their solicitors, to turn into a consent order for the Court to approve.

Why Choose a Private FDR?

• Time. A court FDR can mean waiting many months on the court list, and a contested case can take up to two years. A private FDR happens on a date you agree.
• Privacy. There is no public building, no public list and no waiting in corridors.
• Focus. The whole day is given to your case, not a slot squeezed between others.
• Control. You and your spouse still decide the outcome. The indication simply shows you where the ground lies.

What Happens on the Day

Before the day, each side sends a short position statement and a summary of the finances, and both sign an agreement confirming the process is confidential and the indication non-binding. In the morning, both sides are heard, together or in separate rooms. In the early afternoon, the indication is given. In the afternoon, the parties negotiate. After the day, Caroline drafts the heads of agreement recording the agreed terms, also included in the fee, ready for the parties, or their solicitors, to turn into a consent order.

Is It Right for You?

A private FDR works best when the financial picture is reasonably clear and both of you want to settle but cannot agree where the line falls. It is not a substitute for full and honest financial disclosure. The indication is only as good as the documents behind it.

At Just Law Education, a private FDR is offered as a Private Financial Resolution Day: one fixed fee, one day, and signed heads of agreement at the end of it.

This article is general information, not legal advice.

See how a Private Financial Resolution Day works.

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