Arbitration for divorces in England and Wales doubles as court delays mount
Commenting in Today’s Family Lawyer, Partner and Head of the Divorce and Family department Deborah Jeff discusses the steep rise in family arbitrations, as delays and uncertainty continue to affect the family courts.
"Arbitration will continue to increase in popularity whilst the family courts remain in turmoil. Many court users are waiting months for final hearings, only to have them removed from the court list a day or two beforehand because no judge is available. By that stage, the majority of costs for clients have been incurred and there is no compensation mechanism.
"Although arbitration requires payment of the arbitrator’s fees, many clients are choosing this shortcut - particularly when they have already had one experience of the court removing their case from the list.
"Each delayed case is a family whose lives are effectively put on hold until their dispute is concluded. It is entirely understandable that clients are opting for a private, albeit more expensive, alternative."
An extract of Deborah’s comments was published in Today’s Family Lawyer, 6 February 2026.
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