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Family Finance Arbitration and the New Act by Derek Marshall

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3rd March 2025

Family Finance Arbitration and the New Act by Derek Marshall

 

Google the phrase “Effect on Family Finance Arbitration of the new Arbitration Act 2025” and you will get an AI generated response thus:

The Arbitration Act 2025 is likely to significantly impact family law arbitration by providing a more robust framework for family disputes resolved through arbitration, potentially leading to increased use of this method, enhanced procedural fairness, and greater clarity regarding arbitrator conduct and decision-making within family law cases. 

Is there any truth in this?

Well “Yes”.  And “No”.

I don’t see all that much application for the provision in the new Act for the provisions allowing a Family Finance Arbitrator to make summary decisions on discrete (or even whole) issues in cases arising out of divorce or the end of domestic relationships because the Arbitrator is going to have to “enquire” into the facts but it might well be engaged in Inheritance Act and Trusts of Land Act cases where more “black and white” legal issues something arise.  The increased immunity for Arbitrators is certainly welcome as are the new provisions on costs but I cannot see much application for the peremptory orders provisions.

Overall though this is a welcome tool in the quest to increase public awareness of and appetite for non-Court based resolution of family finance disputes.

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Resolution first for family law