Before COVID-19 brought the world to a virtual stand-still, property settlement applications would generally pass through the Courts in a period of 18 months to three years. If your matter was urgent, then interim hearings could be dealt with expeditiously.
However, given the decreased capacity of the Court to hear these matters, any matters deemed “non-urgent” have now been put on hold, and matters that were previously set down for trial have been adjourned to an indefinite date in the future. With the implementation of new tech, it seems this may change swiftly.
The alternative to waiting for a Court process is to engage in arbitration. This is a process whereby parties conduct a quasi-trial before a family law specialist, usually a Barrister or former Judge. The parties agree that any decision of the Arbitrator will be binding and such a finding can be sent through to the Court for the Judge to make orders accordingly.
The obvious benefit to arbitration is that your matter will be dealt with expeditiously, and in most circumstances an award can be made an order.
If you would like more information, contact one of our specialist family law solicitors.
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