Examples of Family Arbitration in Action

He wished to benefit the wife and his two daughters. He had a very real prospect that he would have a judgment entered against him in days. He could not be seen to agree a consent order, as that could be set aside by a trustee in bankruptcy in the very real event that a judgment was entered, a petition was issued for his bankruptcy, and a bankruptcy order was made. An arbitral award was made, subsequently reflected in a Court order. From referral to court order took no more than 35 days.

They had divided the capital. The only remaining issue was the share of the Armed Forces Pension arrangement; that had been frozen fifteen years before. Wife sought, on paper initially, a full financial remedy. The issue for the arbitration was the extent of the pension sharing order would be made to the wife and which elements of the pension arrangement were susceptible to a pension sharing order. There had been a detailed expert actuarial report. Two experienced counsel, an experienced financial remedy practitioner as the arbitrator, a total of one hour’s evidence, and a full arbitral award which was made into a Court order.

Forms E exchanged 29 October, Questionnaires raised and Replied to within 72 hours. Arbitration arranged for 5 November. Despite issues regarding disclosure of documents, the arbitration continued with the agreement of all. The arbitral award, addressing all matters, was delivered within 21 days.

The parties agreed that the husband had to be cross-examined. He agreed on the basis that his wife was not to be present.

She had “loaned” monies to the splitting couple. There was no declaration of trust. There was no written confirmation of the alleged “loan”. She was extremely embarrassed by the omission. The proceedings were resolved without any publicity. The arbitrator agreed the award in accordance with the expressed wishes of all three parties. The embarrassed high-profile figure avoided judicial scrutiny or any possible publicity which one of the parties had threatened.

There have also been arbitrations on paper submissions.