Faced with the prospect of having to wait several months for a court date following the breakdown of their ten-year marriage, a middle-aged couple chose to submit their differences to an arbitrator. Such division was to be achieved by the sale of the family home and was designed to enable each of them to purchase a new property.
In those circumstances, she argued that the award should not, as is usual, be recognised in the form of a court order. In ruling on the matter, the High Court noted that arbitration awards are binding in their own right, although they are generally confirmed by court order so that they can be enforced against third parties.
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The effectiveness of the arbitration scheme, however, depends on awards being generally treated as effective and binding. In pursuit of a swift resolution of the dispute, both husband and wife had freely entered into the arbitration process with the benefit of legal advice.
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Finality and Marriage
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