Are you separated? Have you tried everything to end your property matters with your ex? No matter how hard you negotiate or mediate – you just can’t reach agreement? You fear the next step may be going to court, but this is the last thing you want. Going to court comes with financial cost and impacts your emotional and psychological health.
So, what can you do if you and your ex can’t agree?
The recent trend (although one that has been always available) in dealing with divorce property matters is choosing the option of Family Law Arbitration.
What is Family Law Arbitration?
Below are 7 things you should know about Family Law Arbitration to help you decide whether this is the right option for your matter:
What if you don’t like the Arbitrator’s decision?
If you don’t like the Arbitrators decision, you can challenge the decision but only on errors of law or procedural fairness or bias. Simply not agreeing or liking a decision is not enough to set aside the arbitral award.
What does the Family Law legislation say about Family Law Arbitration?
The most recent case in Australia is Braddon and Braddon where His Honour Judge Harman determined whether an Arbitral Award ought to be set aside.
Facts of Braddon and Braddon:
What the Court said:
The Court decided in Braddon and Braddon not to set aside the Arbitral Award.
What this means for you if you’re stuck in disagreement with your ex about property or financial matters?
Simply, it means that you have another option – you and your ex-partner can choose to be proactive and find non-court-based ways of solving your impasse. You can now have peace of mind and finality by opting into Family Law Arbitration.
It’s something to seriously consider – and if it’s right for your situation – then go for it!
The article is written for information purposes only. It is not intended to replace specific legal advice for your situation. Should you require any further information contact us on 02 8999 1800 or email email@example.com
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