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Divorce here or abroad: is arbitration the best way?

Date:3 APR 2014

Andrzej BojarskiIs ‘private judging' by way of arbitration to become the preferred route for resolving financial disputes on divorce and separation? The Financial Times suggested as much in an article back on 28 October 2013 when reporting that the Young v Young divorce dispute starting in the London High Court on that day could be the last big money divorce in the courts as wealthy separating parties turned towards arbitration rather than the courts.  In one of the first family law decisions of 2014 (S v S (Financial Remedies: Arbitral Award) [2014] EWHC 7 (Fam) [2014] 2 FLR (forthcoming)) the President of the Family Division Sir James Munby gave family arbitration a ringing endorsement by declaring that the courts would give an arbitrator's award the same status as a settlement agreement reached between the parties. As this article explains family arbitration is not just for the super wealthy and it has particular advantages for those who are...

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