Surge in ‘privatised’ divorces expected after landmark arbitration case
Lord Falconer of Thoroton commented to The Times on a divorce settlement agreed by a couple privately under Jewish law. This divorce was endorsed by a High Court judge and Lord Falconer believes it will pave the way for many more ‘privatised’ divorces.
Lord Falconer said:
“This ruling gives the green light to divorce settlements by private arbitration. Until now there has been anxiety that decisions made in arbitrations could not be enforced. So couples did not know whether their agreements would be binding or not.”
“What this [latest ruling] shows is that — when the decision is reached in accordance with principles of English law — that courts will approve such awards. This opens the way to privatised divorce settlements.”
Lord Falconer is chairman of the board of the Institute of Family Law Arbitrators. The institute last year set up a scheme to offer arbitration as an alternative way to resolve family disputes.
As well as being a family lawyer I am a qualified arbitrator. In fact I was among the first 35 solicitors, barristers and ex-judges to qualify as a family law arbitrator in February 2012. I am also a member of the Chartered Institute of Arbitrators and I would be delighted to assist in any cases where arbitration is required.
Photo by Steve Punter via Wikipedia under a creative commons license
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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