Arbitration is a relatively new concept in family matters, although it has been around for many years to deal with commercial disputes.
Arbitration is a private, formal and binding process where disputes are resolved by a final award made by an Arbitrator. Until arbitration was introduced, the only way to resolve issues that could not be agreed upon was via the Court.
Arbitration can deal with:-
- Financial issues arising out of marriage breakdown such as maintenance, payment of a lump sum, orders relating to property and division of pension funds.
- Financial provision for children (over and above what the CMS/CSA can deal with) – this is important where parties are unmarried and for example a house needs to be provided for a mother who cares for the children.
- Maintenance for children where both parties live in the UK will still be dealt with by the CMS/CSA but Arbitration could be used for the costs of university and support of a child over 18 years, for maintenance where one party lives abroad or for ‘top up’ orders where income is high and additional income is needed.
- Disputes between partners who live together. If there is a dispute about how the proceeds of a property should be divided where it has been purchased jointly or in the sole name of one of the parties.
To find out more about our Arbitration Services visit: