In an article for FT Adviser, Divorce and Family partner Sam Longworth outlined why arbitration is likely to become more popular due to changes to the family court listing process. The article is summarised below and available to read in full here.

Rebalancing court priorities

On Monday 15 September 2025 the President of the Family Division, Sir Andrew McFarlane announced that the hearing of financial remedy cases in London is likely to exceed its mandated allocation. As a result, it has become necessary to ‘recalibrate’ the financial remedy sitting days given the demands on the court hearing lists and the need to devote court time to public law children matters (i.e. care cases).

How it will work

In order to achieve this rebalance, guidance has been circulated to suggest that short hearings may be moved to different days or courts at short notice. Further, it will be necessary to ‘double list’ longer hearings.

That means a ‘back-up’ trial will be listed to be heard behind a ‘primary trial’. If the primary trial is not to go ahead, the back-up trial may be heard. Equally, if the primary trial is to go ahead, the court will try to inform the ‘back-up’ trial as far as possible in advance. The aim will be to try to find a replacement date within three months of the cancelled date.

Sam Longworth comments: “For those already engaged in court proceedings, this development foreshadows even greater uncertainty as to when their cases will be resolved. The costs associated with preparing for hearings, even relatively short hearings, are significant, and the idea that such costs will be wasted will be a further bitter pill to swallow.”

Arbitration as an attractive alternative

This latest development will make arbitration a more attractive option for separating couples hoping for a smoother and more certain outcome for their dispute via a ‘private court’.

Arbitration has always been attractive to those seeking confidentiality, but it now also provides a much more certain timeline for resolution. Couples can choose the location and an experienced arbitrator to hear their dispute, without the risk of delays or short notice cancellations that may happen in the court process.

There is a perception that arbitration is a more costly option to resolve disputes, but given the significant risk of costs associated with cancelled hearings in the family court, this is unlikely to continue to be the case. Sam Longworth further comments: “It feels as though we have reached another watershed moment in the progression of family arbitration, which now, for the first time, affords the only true route to a certain timeline for resolution without risk of disruption because of factors entirely outside of the parties’ control.

“The additional cost of appointing an arbitrator will also quickly look very cost effective if compared to the costs associated with aborted hearings, where both parties’ barristers and solicitor costs will dwarf the costs of the arbitrator themselves.”

Find out more

An FAQ on the benefits of arbitration can be found here: Arbitration in family law – what is it and is it right for me?

More information about the court process can be found here.

More information about arbitration in family cases and our team’s experience can be found here.