Arbitration is a voluntary process of settling your divorce out of court. You and your ex-partner agree that a neutral third party (an arbitrator) will hear your case and provide you with a legally binding settlement.
Arbitrators are experienced family lawyers who often have judicial experience. They act in a similar way to the judge in a court case, carefully considering the case and coming to a conclusion based on your circumstances.
However, divorce arbitration isn’t for everyone. As it’s a voluntary process, if your former partner doesn’t agree to it, you can’t force the option on them. Arbitration also only works if both parties are prepared to be open and honest about their financial circumstances and needs.
If an award is made in arbitration, the court will only make a different order in exceptional circumstances. It’s very unusual for the court to go against an arbitrator’s decision.
When a relationship breaks down, it can be difficult to speak to your former partner. You may not want to speak to them at all, or even to sit in the same room. However, if this is the case it is still possible to settle your divorce out of court.
Processes such as mediation and arbitration can be completed without you seeing or speaking to your former partner at all (shuttle mediation for instance works by an impartial mediator speaking to you both in turn, while you are both sat in separate rooms).
However, where children are involved it can often be beneficial to be able to agree your divorce settlement face to face. Where couples are able to do this, it can help build the foundation for a good working relationship in the future.
If you’re worried about speaking to or seeing your former partner during the divorce process, please speak to our experienced team for advice on your options. Call us on 0345 604 4911, or get in touch online and we'll get back to you as soon as possible.
The benefits of arbitration, compared to going through the court process, are:
- It’s usually much quicker. The court process can often take over nine months and sometimes up to two years. Arbitration can be resolved within six months
- It’s more private, which can suit couples looking to avoid publicity
- It’s often more cost effective, particularly in cases where there are significant assets
- It’s more flexible - you and your former partner can choose when and how your case is dealt with and precisely which issues the arbitrator will decide upon
- You and your ex-partner can engage in arbitration by correspondence without having to be physically present, meaning you may not have to see or speak to each other.
As one of the country's leading family law teams, we can help you find an arbitrator who’ll help you and your ex-partner reach a settlement. For more information on arbitration and how we can help, call us today or contact us online and we’ll get back to you as soon as possible.
Family arbitration can be used to settle various issues that can arise in family law, including:
Our specialist family law arbitration solicitors can help you to navigate these and other issues. Contact us today to discuss your situation with a legal expert.
We are recognised by independent legal guides Chambers & Partners and The Legal 500 as one of the UK's leading family law teams. Our reputation has been built up over decades of dealing with divorce cases of all kinds, including complex international cases and divorces involving high net worth individuals.
Our family law experts are based across the UK, and we can help you decide which divorce option is best for you. If you decide to go for arbitration, we can contact a professional arbitrator to negotiate between you and your ex-partner. We’ll do everything we can to make sure your best interests are protected, and will be on hand for help and advice throughout the whole process.
We pride ourselves on our sensitive but no nonsense approach to divorce cases. We’ll be honest with you about what is likely to happen, and will fight hard to get you a divorce settlement that’s fair.
To find out more about how we can help you, call us on 0345 604 4911 or contact us online and we’ll get back to you as soon as we can.
Typically, arbitration cases are resolved within six months. This is much quicker than court, where complex cases can take over two years.
Arbitration is quicker because you set the date for your case to be heard – you don't have to wait for multiple court dates. It’s also possible for arbitration to be conducted through correspondence, making it a better option if you travel a lot or have a busy schedule.
Arbitration can also be used for matters that need to be decided urgently, such as issues including choice of school, relocation, or an urgent maintenance dispute. In these cases, with all parties cooperating, the matter can be resolved in a matter of weeks.
It’s important to note, however, that all divorce cases are different. The particular circumstances of your case will affect how long it takes.
That’s why it’s important to have an experienced legal team to support you – give us a call or contact us online.
It’s worth considering arbitration if you and your former partner:
- Wish to keep the details of your divorce private
- Are willing to be honest about your financial circumstances and needs
- Want to reach an out of court financial settlement more quickly than a court can hear you case
- Want flexibility about when your case is heard
- Would like an option that doesn’t require you both to be in court at the same time (arbitration can be carried out through correspondence).
Arbitration may not be suitable for you if you need to obtain evidence from reluctant third parties, such as trustees. In such cases only a court can compel a witness to provide information.
Our team of family law solicitors can help find you a suitable arbitrator to make decisions for you and your ex-partner. We understand the stress that separation can bring – and the importance of trusting your solicitor and arbitrator. We’ve decades of experience dealing with complex divorces and will support you through every step of the process.
To find out more about how we could help you, call us today or contact us online and we'll get back to you as soon as possible.
