Binding Family Law Arbitration and Upholding Matrimonial Agreements

Instead of battling in Court, warring spouses have the option of arbitrating with the Institute of Family Law Arbitrators (IFLA) and Rodney Hylton-Potts can conduct such an arbitration for you throughout, avoiding the higher costs and formality of instructing a barrister.

Also parties reach agreements through negotiation. Mediation, collaborative law lawyer negotiations or direct negotiations.

All such proposed Court Orders, founded agreements reach, have to be coupled with a statement of information dealing with basic assets and liabilities of the parties on a Court form called D81.  This is a snapshot of assets and liabilities income future plans, very much like a much truncated and simplified Form E.

Even though spouses are adults, because family law is involved a Judge has to consider approving the Order in the light of Section 25 of the Matrimonial Causes Act and has an active role.  As one leading Judge put it “the Judge is not a rubber stamp.  He is entitled, but not obliged, to play detective.  He is a watchdog, but is not a bloodhound or a ferret”.

An agreement reached between parties especially through family law arbitration is very hard to get out of, which is largely the point.

Nevertheless a Judge can enquire as to whether the parties had “equality of arms” on legal advice, dominant position, inadequate knowledge, bad legal advice, change of circumstances or something overlooked etc.

Some of the principles are akin to the approach in prenup cases such as in the famous Radmacher case.

The Judge will be looking for full and frank disclosure, good quality legal advice, the absence of pressure and no material or unforeseen circumstances.

If you are looking to avoid heavy legal costs, remember that here at Hylton-Potts we can represent you and take you through the arbitration or negotiation process.  We can also get any agreement approved by the Court for highly competitive fixed fees.

At Hylton-Potts our offices are in London, but we help clients all over England and Wales.

We have a 24 hour email help service and an office hours’ telephone helpline (hotline) both completely free and confidential.