In an article for FT Adviser, Divorce and Family partner Sam Longworth explained why increased media access may drive more couples toward private arbitration to avoid the courts, looking at what this means for the future of family law and the specific implications when one spouse is significantly wealthier than the other.
In the op-ed, available to read in full here, Sam explained…
Why privacy has become a concern for separating HNWs
A pilot permitting accredited media representatives and legal bloggers to report on what they see and hear in family proceedings has been extended across all family courts in England and Wales. This means journalists can now attend hearings, review documents and report on the proceedings, subject to certain restrictions and the anonymisation of the parties involved.
The options available to separating HNWs wanting to avoid publicity
Where there are issues between a couple that cannot be resolved by agreement, arbitration provides a private court environment in which an experienced judge can be appointed by the parties to adjudicate and determine their disputes.
Arbitration tends to mimic the structure of the court process in that a mutually chosen (and privately funded) arbitrator will be appointed to act as the judge.
Evidence is given by both parties, with each side putting their case forward as to how matters should be resolved. At the end of the process, the arbitrator will deliver a legally binding determination – akin to a court judgment, save with the guarantee it will be kept private.
The benefits of arbitration in divorce
With the new added risk of press and media intrusion, it is no surprise many couples are resorting to ‘private justice’ in the form of arbitration.
In our experience, arbitration is empowering for individuals: it allows personal priorities to be set and a bespoke approach in relation to how the issues are going to be resolved. Often, it will provide the quickest route through a dispute for a separating family.
More information about arbitration
Our Divorce and Family team is at the forefront of taking a collaborative approach to divorce and family issues and, when appropriate, we use arbitration and mediation as an alternative to court proceedings. A number of our partners are accredited mediators and arbitrators.
In season one of the Stewarts Divorce and Family podcast, Sam discussed arbitration with fellow partners Lucy Stewart-Gould and Jenny Duggan, highlighting the benefits that arbitration can bring to divorce and family matters.
You can find further information regarding our expertise, experience and team on our Divorce and Family pages.
If you require assistance from our team, please contact us.
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