November 11, 2019 | Posted by : J Morris
Family arbitration is something of a mid-point between other alternative methods of dispute resolution and the court process though it is unfortunately often overlooked or simply not made available to separating couples.
Family arbitration is suitable for couples who are unable to reach an agreement between themselves or with the support of a mediator and would prefer not to go to court but still need someone else to help make the decisions. The process involves appointing a joint family arbitrator to act as an objective decision-maker, in much the same a judge would do in the family courts. However, every aspect of the arbitration process remains private, and within a schedule agreed by both ...
August 27, 2015 | Posted by : J Morris
Recent reforms encouraging couples to take divorce out of court and deal with relationship disputes in regional centres via mediation have come under fire by Ann Widdecombe, who has criticised the proposal as making ‘a nonsense of marriage.’ Widdecombe believes that ‘the state should send out much stronger signals on support for marriage’, suggesting that separation has become as meaningless as ‘discarding an old carrier bag.’
Sir James Munby, president of the Family Division of the High Court, called for the changes in order to relieve stress and delays in the family courts, especially in the case of uncontested divorces ...
May 04, 2015 | Posted by : J Morris
In a recently published case involving a complex land trust dispute, High Court judge Sir Nicholas Mostyn QC endorsed arbitration as an effective method of resolving disputes privately out of court.
Sir Nicholas highlighted the benefits of arbitration in response to a request that the details of the case be kept private. While this was not permissible in that particular case, the judge’s advice applies to anyone wishing to proceed with legal action while avoiding the public and disruptive nature of a court appearance:
“Where parties are agreed that their case should be afforded total privacy there is a very simple solution: they sign an arbitration agreement.
“Arbitration has long been available in proceedings such as these. ...
January 23, 2014 | Posted by : J Morris
It’s very easy for communication to break down during a divorce, no matter how good your intentions are to work through an amicable separation. Coping with the emotional upheaval and pressure of a divorce can be really tough, and sometimes it’s difficult to escape the negative spiral that is created when the badmouthing begins.
If you’re facing a divorce, the support of family and friends can make a big difference, along with the reassurance of an experienced and sensitive solicitor. But with all the help in the world, sometimes you may find yourself struggling to navigate the emotional minefield ...
November 05, 2013 | Posted by : J Morris
One of the biggest hurdles to overcome when you get divorced is deciding how to deal with any shared property. Who gets the house? Or do you sell it and split the assets? Things can become even more complicated if you have children – perhaps you’re eager to stay in your family home to retain a sense of normality through your separation, while your partner wants to push for a quick sale. The first port of call for any couple planning a divorce is to consult an experienced family law solicitor or divorce lawyer who will be able to help you ...