A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Arbitration or Court?

  • rachy74
  • rachy74's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
2 years 5 months ago #501574 by rachy74
Arbitration or Court? was created by rachy74
So after 6 months of no progress, 3 mediation sessions where my husband is still to provide any paperwork/valuations for his assets and my legal fees already a few thousand, I feel I've no option now but to press ahead with the formal route.
Bearing in mind it was my husband who wanted a divorce rather than trying counselling (or stopping drinking or his other extra curricular activities!) you would think he would be pushing things ahead but so far it's been left to me to do everything and even initiate the divorce.

So my question... court or arbitration? I think I understand the processes and the pros and cons. I thought court would be our only option. I know I certainly need him to be 'forced' to provide his valuations etc. But I'm wondering if Arbitration could be better as it's quicker, possibly cheaper and we choose the judge, etc.

Just to add. I read on this site that \"It is probably not suitable for cases where there is a major dispute over financial disclosure and claims that one side is hiding or transferring assets. It is more suited to cases where the financial disclosure between the two parties is largely agreed, and where the main disagreement is in how the assets, income and debts (if any) should be fairly divided\".

We certainly do disagree with valuations of my husbands assets but my solicitor didn't mention this as being a problem?

Any thoughts would be much appreciated.

Thank you

Please Log in or Create an account to join the conversation.

  • Bubblegum11
  • Bubblegum11's Avatar
  • Moderator
  • Moderator
More
2 years 5 months ago #501576 by Bubblegum11
Replied by Bubblegum11 on topic Re:Arbitration or Court?
Based on what you’ve said, it sounds like Court is the better option as compliance is a major issue. Arbitration is fab if both parties are onboard and willing to comply with the requirements. But where one party isn’t playing by the rules, you need the court to exercise its powers to force disclosure etc.

Please Log in or Create an account to join the conversation.

  • rachy74
  • rachy74's Avatar Topic Author
  • Junior Boarder
  • Junior Boarder
More
2 years 5 months ago #501709 by rachy74
Replied by rachy74 on topic Re:Arbitration or Court?
Bubblegum11 wrote:

Based on what you’ve said, it sounds like Court is the better option as compliance is a major issue. Arbitration is fab if both parties are onboard and willing to comply with the requirements. But where one party isn’t playing by the rules, you need the court to exercise its powers to force disclosure etc.

Thank you very much. That is what I thought. I'm just a bit confused as my solicitors suggest an arbitrator judge has the same powers? They say the arbitrator can make directions for expert evidence, such as valuations of the assets in question.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11