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Family Law Arbitation

Family Lawyers Agree Arbitration Can Work.

Divorcing couple use Family Law Arbitration to Agree Settlement

In the recent case of “S v S”, the Court has upheld the use of Family Law Arbitration to resolve financial claims on divorce. Mr and Mrs “S” were divorcing. Instead of going to Court, they agreed to appoint an independent, specialist Arbitrator  to consider their case and, applying the principles of family law, to decide how their assets should be split. Mr and Mrs S had advice from their own solicitors to guide them through the process.

Once the Arbitrator had decided how the assets would be split, they then asked the Court to approve the settlement in the form of an agreed Court Order. The Judge approved the settlement and when making the Order stated that where a husband and wife have agreed settlement in this way it was not for the Court to question this and the Court would approve the Order in “all but the rarest of cases”.

Agreements on divorce reached through mediation or collaborative law are also approached by the Family Court in this way. These processes are all alternatives to Court litigation that  are now widely used in family law cases.

At Crosse & Crosse  LLP all our lawyers are members of Resolution, the solicitors organisation which actively encourages these alternative approaches. Solicitors Wendy Kemp and Sabina Smith are also trained as collaborative lawyers and Sabina Smith is also a practising mediator.

Please feel free to contact Wendy or Sabina for further information on 01392 258451 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.
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