Divorce and separation – arbitration

The couple had reached an agreement in correspondence to settle their financial arrangements.

However, one party sought to pull out of the agreement, citing that they had made a mistake.

The parties agreed that the question could be determined on the papers by an arbitrator, with oral submissions if necessary (which there were).

That way, the parties would avoid the cost of new representation (as sometimes where there is a dispute about whether an agreement has been reached the solicitors have to step down as they are potential witnesses on the point).

The arbitrator, a QC, was able to resolve the issue and drafted the order to be submitted to the court.

The time from agreeing to arbitrate, to arbitration hearing and a decision, was about a week. If an application to court had been made, then this would have taken many, many months.