Separating from a partner is rarely straightforward. When financial and property matters are in dispute, many people assume that court is the only option available to them – but for a growing number of families across Australia, family law arbitration is proving to be a faster, more private, and more cost-effective alternative.
With Australia’s Family Law Courts operating under significant pressure and backlogs affecting all jurisdictions, demand for arbitration for family disputes has increased considerably. Coleman Greig’s accredited family law arbitrators offer an independent, binding process that gives parties a clear resolution without the delays, costs, and adversarial nature of litigation. If you are navigating a financial or property dispute following a separation, arbitration family law may be the right path forward.
What Is Family Law Arbitration?
Family arbitration is a process whereby parties to a dispute present arguments and evidence to an independent family law arbitrator, who then makes a decision (or “award”) in order to resolve the dispute. Following an arbitration, the arbitrator issues their decision within 28 days. This is much faster than the courts, which can take up to three months to deliver a decision. When the decision is made, it is registered with the courts, giving it the effect of a court order.
Family law arbitration in Australia is a private process, meaning that unlike court proceedings, the hearing and its outcome are not part of the public record. Parties also have meaningful input into procedural matters such as timing, format, and venue — something the court system does not readily accommodate. Once the arbitrator’s award is registered, it carries the same legal force as an order made by the Family Court, providing both parties with certainty and finality.
Family Law Arbitration vs Mediation vs Court
Understanding the differences between the available options is an important first step when considering family arbitration law advice.
In court proceedings, a judge makes a binding decision, but parties have little control over timing, process, or cost, and the matter becomes part of the public record. In family law mediation, a neutral mediator facilitates negotiation between the parties, who then reach their own agreement – but if they cannot agree, there is no binding outcome. Family law arbitration combines the best aspects of both: the process is private and flexible, like mediation, but the arbitrator’s decision is binding, like a court order.
Family arbitration services are aimed at reducing the often-daunting and adversarial nature of litigation. Rather than waiting months or years for a court date, parties can schedule their arbitration at a time that suits them, proceed in a setting of their choosing, and receive a binding decision within weeks of the hearing. For many separating couples, this is a significantly more manageable way to resolve what can be an already painful process.
For a broader overview of alternative dispute resolution options in family law, visit our Family Law Mediation and Arbitration page.
When Can Family Law Arbitration Be Used?
Family law arbitration is specifically designed for financial dispute resolution in family law matters and is governed by the Family Law Act 1975 (Cth). It is important to understand both what it can and cannot be used for before deciding whether it is the right approach for your situation.
Coleman Greig’s Family Arbitration team can assist clients with:
- Property matters
- Spousal maintenance and maintenance agreements
- Financial agreements made pre, post or during marriage
- Superannuation agreements
- Execution and compliance with court orders
Family Arbitration is not applicable:
- Where there is negative equity
- If there is a connected dispute regarding children’s living arrangements
- Where there is an unvalued business
- If there is an unsecured third-party claim
- For single issues in a property hearing
It is worth noting that while family law arbitration does not cover parenting issues, those matters can be explored through family mediation. For disputes involving property settlements and superannuation, arbitration is often one of the most efficient resolution pathways available.
The Family Law Arbitration Process
For those considering arbitration for family disputes, understanding what the process actually involves can make a significant difference to how prepared and confident parties feel going in.
Both parties – each typically represented by their own solicitor – agree to refer the matter to arbitration and sign an arbitration agreement. They then jointly select an accredited family law arbitrator, or one can be appointed on their behalf. At the hearing, each party and their representatives present their arguments, evidence, and submissions to the arbitrator. Hearings can take place in person, online, or in a hybrid format, depending on what best suits the parties involved.
Following the hearing, the arbitrator considers all material presented and delivers their written award within 28 days. Either party may then apply to the court to have the award registered as a court order, at which point it carries the same force and effect as a judicial order.
Throughout the process, proceedings remain private and confidential – a meaningful advantage for families who would prefer to keep their financial affairs out of the public record.
Coleman Greig’s Family Law Arbitration Facilities
Our office in Parramatta has spacious and comfortable boardrooms that can be reconfigured in size to ensure that all parties and their legal representatives are equipped for a day of family law arbitration. Our family law arbitrators are also happy to travel to other locations if required, or alternatively, can organise for arbitration to take place online.
Coleman Greig’s family law arbitration services are available to clients across NSW. Whether you are based in metropolitan Sydney or a regional area, our team can accommodate your circumstances and ensure that access to arbitration is not limited by location.
Our Accredited Family Law Arbitration Team
Our team of independent family law arbitrators are accredited through AIFLAM and are Accredited Family Law Specialists with extensive experience handling family law matters across a wide range of financial and property disputes. Our family law arbitrators understand the significant impact that the emotional and financial stress caused by family breakdowns can have on all parties involved. They are experienced in handling matters with unbiased professionalism in order to achieve the fairest results at all times.
Speak With a Family Law Arbitrator Today
If you are considering family law arbitration as an alternative to court proceedings, the right first step is to speak with an accredited family law arbitrator about whether it is suited to your situation. Coleman Greig’s team is available for an initial discussion to help you understand the process, assess whether your matter falls within the scope of arbitration family law, and answer any questions you may have.
Both online and in-person appointments are available across our offices in Parramatta, Norwest Baulkham Hills, Penrith, and Sydney CBD.
To book an appointment or make an enquiry:
Phone: 1300 738 660
Email: mediation@colemangreig.com.au
Alternatively, you are welcome to contact us directly or visit Our Locations to find your nearest office.
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
