For many separating couples, resolving financial issues through the family courts can be a lengthy, stressful and expensive experience. Delays within the court system mean that cases can take many months or even years to reach a final hearing. Where there are complex and substantial assets the process can become even more protracted. Family Law arbitration offers an effective alternative.
Why Choose Family Law Arbitration Over Court Proceedings?
Arbitration enables separating couples to appoint an independent and specialist financial arbitrator to determine the issues in dispute. The process is private, flexible and significantly quicker than the traditional court proceedings. The Arbitrator will make a binding decision which once converted into a court order will provide the same certainty and enforceability as a judgment at a final hearing in the family court.
With complex financial arrangements delays can increase legal costs, prolong uncertainty and affect businesses, investments and property portfolios. Arbitration allows the parties to agree a timetable that suits them, rather than being constrained by the imposed court timetable. Hearings can often be arranged within weeks rather than months.
The Benefits of Arbitration for Complex Financial Disputes
Court proceedings may attract some public attention in some circumstances, particularly where high-value assets or well-known individuals are involved. Arbitration is entirely confidential, making it an attractive option for business owners, professionals and high net worth individuals who wish to keep personal financial matters confidential.
The process is also highly flexible. Parties can choose an arbitrator with specialist expertise in complex financial disputes, including cases involving family businesses, pensions, overseas assets, farming interests, inherited wealth and trust structures. The hearing itself can often be tailored to the needs of the parties, whether conducted in person, remotely or even on written submissions only.
Arbitration does not require parties to compromise their legal rights. Each party continues to receive independent legal advice throughout the process, ensuring that the outcome is fair and based upon the applicable principles of English family law. The arbitrator applies the same legal framework that a family court judge would use in court proceedings.
Expert Family Law Arbitration
We understand that every family dispute is different. Our experienced Family Law team advises clients on the most appropriate method of resolving disputes, whether through negotiation, mediation, collaborative law, arbitration or, where necessary, court proceedings. Our focus is always on achieving practical, cost-effective solutions while minimising conflict wherever possible.
Simon Fisher, Partner and Head of the Family Team, is an accredited Family Law Arbitrator. Simon has extensive experience advising clients throughout high-value and complex financial disputes, Simon offers arbitration as an efficient and alternative means of resolving issues without the delays often associated with court proceedings.
Arbitration provides the ideal balance between flexibility, confidentiality and finality. It delivers a binding decision within a timescale controlled by the parties, allowing families to move forward sooner and with greater certainty.
If you are involved in a complex financial dispute arising from separation or divorce, our Family Law team can advise you on arbitration and guide you through every stage of the process.