What areas does arbitration cover?

Family law arbitration is divided into two key areas: financial matters and children matters. At OGR Stock Denton we are able to handle disputes arising in relation to both.

Financial arbitration

This covers all of the financial and property disputes which can arise from the breakdown of a relationship. In other words, anything that a couple going through a divorce or separation need to come to an agreement on in relation to their finances. This can include financial arrangements relating to children and inheritance matters under the Inheritance (Provision for Family and Dependants) Act 1975.

The financial scheme does not cover issues relating to bankruptcy, insolvency or welfare benefits as such, but where these issues are involved in the financial dispute, they can be taken into consideration. It also does not extend to matters of jurisdiction or the recognition of foreign marriages or divorces.

Children arbitration

This essentially encompasses any issue between parents or other persons holding parental responsibility or who have a sufficient interest in a child’s present or future welfare.

Common examples include shared living arrangements, visiting arrangements, time spent with each parent, matters concerning education or disputes relating to routine medical treatment or religious upbringing.

The children scheme does not, however, cover applications to have a child returned to England or Wales from another country, applications to remove a child to another country whether permanently or for a temporary period (including holidays) or to regulate cross border contact arrangements.

If you would like further clarification as to whether or not your case can be dealt with through arbitration please contact us.