Financial provision: Exploring the options

Ellie Foster considers a decision of Mostyn J on set aside and transparency in financial remedy proceedings In assessing unforeseeability in the context of a change of asset value, the court should focus on the economic impact of the event rather than its cause or nature. The onset of the Covid-19 pandemic in early 2020 …
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Global arbitration: Right place, right time?

Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …
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Arbitration: A wider appeal

Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …
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Non-court dispute resolution: Cutting the Gordian Knot

Claire Yorke suggests that a hybrid approach to resolving financial issues on divorce or dissolution may provide a solution even in more complex cases Where the parties are not able to reach a solution through non-court dispute resolution alone (as would always be preferable), one may draw on the advantages of both court proceedings and …
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