Family arbitrations in England and Wales have doubled in the last two years, according to figures from the Institute of Family Law Arbitrators.
In 2025 there were 178 arbitrations, up from 89 in 2023, with the option becoming more popular as the family court system continues to face significant resource pressures.
The surge follows the changes to court rules in 2024, which required divorcing couples to attempt alternative forms of dispute resolution before proceeding to court.
Last year, the government reduced the number of days allocated to high-value financial cases to free up capacity for cases involving children, further pushing couples towards arbitration. The reallocation of court time has meant fewer hearing dates are available for financial remedy cases, even as demand for such hearings remains high.
The result has been longer waiting times and greater uncertainty for couples seeking to resolve financial disputes through the courts. Although family lawyers claim arbitration is becoming the common option, with many clients viewing the straightforward private process preferable to the alternative, the family court crisis remains a cause for concern, Deborah Jeff, head of the divorce and family department at Simkins, said.
“Arbitration will continue to increase in popularity whilst the family courts remain in turmoil,” she explained.
“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.”
Clients who have already experienced one cancelled hearing are particularly likely to opt for arbitration for subsequent matters, Jeff added
“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.”
Henry Hood, senior partner in the family department at Hunters Law, said the increase was anticipated by practitioners.
“This sort of surge has long been predicted, given the respective attributes of arbitration on the one hand and the vagaries and pressures on the courts on the other,” he said.
“The recent strengthening of the court rules requiring divorcing couples to seek to reach out-of-court settlements may be one contributing factor, but they are probably not the whole story.”
Arbitration takes place in a private location and is generally faster and more streamlined than court proceedings.
The privacy and speed of arbitration proceedings are key attractions for many clients, with cases that might take two years to reach a final hearing in court often concluded in half that time through arbitration.
The Ministry of Justice said the government remains committed to supporting families to reach agreement outside court where safe and appropriate.
One Response
The majority of divorcees are tax payers and are entitled to the disposal of their financial remedy applications by the country’s court system within a reasonable period of the marital breakdown. Instead they are now required to pay lawyers a premium to act as adjudicators to finalise their financial disputes in place of the appointed judiciary. Note the lay client ends up double paying – who – the lawyers of course! The public deserve far better than this.