If you want to settle your divorce out of court, arbitration can be a quicker, cost effective, and more private option. Our expert divorce lawyers have years of experience in advising people on the arbitration process. We work with expert third-party arbitrators who can help you to reach an agreement with your ex-partner.
Arbitration is a voluntary process which involves you and your ex-partner agreeing that a neutral third party (an arbitrator) will decide on your divorce settlement. The arbitrator then considers the case in the same way as a judge in court and makes a decision. The decision they make is legally binding (except in very exceptional circumstances) in the same way a judge’s decision would be within court proceedings.
Arbitration has several advantages over the court process, including:
- Speed – arbitrated cases can often be resolved within six months, compared to the court process which typically could take between nine months and in excess of two years.
- Cost – it’s frequently more cost effective where the alternative is prolonged court proceedings with the unpredictability of costs and timescales. This is particularly the case in complex cases where there’s significant wealth to be divided.
- Flexibility – arbitration can work around your lifestyle, with hearings at a time and place that are suitable for you.
- Privacy – the details of arbitration are entirely confidential. This makes the process particularly appealing if you’re keen to keep the details of your finances private, or if you're in the public eye. The court process is moving toward greater transparency (to include the admission of the press into some hearings, and publication of case details), whereas the media aren’t aware of or allowed into arbitrations.
- Choice of Tribunal – parties can select the person they wish to arbitrate their dispute. This ensures the arbitrator is a specialist in this area of law who’s best qualified to help you to resolve your dispute and will have had sufficient time to prepare for the hearing in advance. A specific arbitrator can be chosen who has expertise in the unique factors in your financial remedy case. These could be complex business structures, pensions, trust assets, or assets held abroad. In contrast, in the court process judges are allocated to cases and it isn’t possible to request a specific judge. Due to increasing pressures on the court system, judges often don’t have time to prepare for hearings in advance.
However, arbitration is unlikely to be appropriate if you or your ex-partner aren’t honest about your financial circumstances.
We can give you the advice and support you need to make the right decisions about your separation. Our lawyers pride themselves on their no-nonsense approach, ensuring you understand every step in the arbitration process and that we get you the best possible result.
If you want to discuss your divorce options with one of our experts, please call us or contact us online and we’ll get back to you as soon as we can.
Why choose Irwin Mitchell’s divorce arbitration service?
Our divorce and family law team is one of the largest in the UK. We’re highly ranked by the independent legal guides Chambers & Partners and Legal 500 and are widely considered to be one of the UK’s leading family law firms.
We work with trusted and experienced third-party arbitrators who, like ourselves, understand the emotional toll divorce can take. They’ll treat your case with the sensitivity it deserves. We take the time to understand your situation and give tailored legal advice based on your unique circumstances.
Aside from expert guidance on divorce arbitration, you’ll also have access to various other services across our firm, including:
- Counselling – We offer our clients going through the divorce process up to four free counselling sessions with our in-house counsellor, Vicky Lambert. This can help you to navigate this large change in your life. Additional sessions can be arranged at a cost.
- Wills, trusts, and estates – Our specialist team of lawyers can help you with managing any assets you need to protect after a divorce. This may involve changing your Will or creating a new one if you don’t already have one.
- Conveyancing & property – If you need to buy a new home, remortgage, or sell a home after a divorce, our expert team can give you tailored guidance on these issues.
We also have offices located across the UK, giving you the chance to meet with your solicitor locally. We can also arrange to speak via phone or video calls if you’d rather work with us in this way.
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