A recent article by the Financial Times reports a significant rise in separating couples choosing to arbitrate and explains that the number of divorcing couples choosing this route has doubled in England and Wales over the past two years. This surge follows the 2024 rule change requiring separating couples to consider alternative dispute resolution before turning to the already overstretched family courts.
What is arbitration?
Arbitration is a form of alternative dispute resolution designed to resolve disputes outside the court process. It is a voluntary process where couples appoint an independent family lawyer, often a senior barrister, solicitor or retired judge, to make a binding decision about their financial arrangements, or to determine arrangements for their children. The process mirrors aspects of the court process, but offers key advantages such as speed, privacy, flexibility, and the ability to choose the venue and arbitrator.
What does this mean for separating couples?
Arbitration offers a binding, confidential and significantly faster alternative to court. As awareness grows of the NCDR options, and court delays continue, it is becoming an increasingly attractive and mainstream option for resolving financial issues on divorce.
Why are more clients choosing arbitration?
With long delays and chronic under resourcing in the family courts, arbitration often provides a quicker and more cost-effective route to resolution.
At Stevens & Bolton, we are seeing more and more clients choosing arbitration to resolve family issues, and our family team is exceptionally well placed to guide them through it. We work with clients throughout the arbitration process and know exactly how to streamline matters, from selecting the right arbitrator to shaping a procedure that is private, efficient and tailored to your circumstances.
Whether you are navigating complex financial arrangements or sensitive issues involving children, our specialist lawyers provide clear, strategic advice. With court delays at an all time high, arbitration offers speed, certainty and discretion - and we help clients make the most of the advantages of NCDR.
If you would like to hear more about arbitration and how it may best help you, please reach out to a member of the family team.
