Arbitration support for property and financial matters after separation in Brisbane
A private decision-maker. A final result. No court delays.
When negotiation or mediation isn’t enough, arbitration offers a faster, private way to reach a binding outcome, without dragging things through the court system.
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“I had a very positive experience with Martens Legal and very happy with the outcome result.”
WHAT IS ARBITRATION IN FAMILY LAW?
Arbitration is a way to resolve family law disputes without going to court. It’s a private process where both parties agree to have an independent person – called an arbitrator – decide the outcome of their Dispute.
In family law in Australia, arbitrate on is mostly used to sort out property and financial matters after separation or divorce. It cannot be used for parenting issues like child custody.
Think of arbitration like a private court hearing. The arbitrator listens to both sides, looks at the evidence, and makes a binding decision, called an award. That means it’s legally enforceable – just like a court order.
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✔️You and your ex want to avoid the delays of court
✔️There’s a clear property or financial issue to resolve
✔️You want a binding decision made by an expert
✔️ Both parties agree to participate in arbitration
It’s a practical and efficient way to move forward, especially when both parties want closure and a fair outcome.
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✖️You're dealing with parenting arrangements
✖️One party refuses to agree to the process
✖️ You’re looking for an option with appeal rights or more flexibility in the outcome
Why Choose Arbitration?
Here are some of the main benefits of family law arbitration:
Faster than Court
Going through the court system can take months or even years. Arbitration can often be arranged and completed within weeks or a few months, depending on how complex the case is.
Private and Confidential
Arbitration is held in private. This means your financial and personal details are not made public, unlike court cases which are usually on the public record.
You Choose the Arbitrator
Both parties agree on who the arbitrator will be. This gives you more control over who handles your case, compared to a judge being appointed by the court.
Less Stressful
The process is usually more informal than court and can be done in a way that suits both parties, even remotely by video call. This can help reduce conflict and stress.
Flexible and Convenient
Arbitration can be tailored to your needs. You and the other party can agree on how it will be run, including what issues will be covered, how long it will take, and what evidence will be used.
When can you use Arbitration in Family Law?
In Australia, arbitration is available for property settlement and spousal maintenance matters under the Family Law Act 1975.
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✔️ You and your former partner both agree to use it.
✔️ You are dealing with financial matters (not parenting arrangements).
✔️ The matter is either already in court or you’re trying to avoid going to court.
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✔️ Before starting court proceedings, or
✔️ During court proceedings (with the court’s permission), or
✔️ After a court has made certain findings and you just need a final decision on division.
How we support you through Arbitration
Even though arbitration is less formal than court, it still requires legal guidance and preparation. We help you get organised, protect your interests, and make sure you’re clear on your legal position, before, during, and after the process.
Martens Legal helps you:
Decide if arbitration is the right pathway for your situation
Choose and brief a trusted, experienced arbitrator
Gather evidence and documents
Represent your interests throughout the process
Understand and respond to the final arbitral award
What Arbitration actually looks like
Arbitration is a private alternative to Court (and often a quicker one.)
Both parties agree on the arbitrator (usually a senior lawyer or former judge), and the process is designed to be clear, efficient, and binding.
It’s about:
Presenting your case and evidence
Having an impartial decision-maker review everything
Receiving a legally binding outcome that resolves the issue
It’s confidential. It’s structured. And it’s all about moving forward, faster.
WHAT TO EXPECT IN THE ARBITRATION PROCESS
1. Agreement to Arbitrate
Both parties sign an agreement that explains how the arbitration will work.
2. Choosing the Arbitrator
You and the other party choose an accredited arbitrator, usually a senior lawyer or former judge with family law experience.
3. Exchange of Information
Both parties provide documents and evidence (similar to what would happen in court).
4. The Arbitration Session
The arbitrator listens to both sides, reviews the evidence, and may ask questions. This can be done in person, over the phone, or online.
5. The Award (Decision)
The arbitrator gives a written decision – called an arbitral award. This is legally binding and can be registered with the court.
Top things to be aware of if you go to Arbitration for Family Law
It’s Binding
Once the arbitrator makes a decision, it is final and legally enforceable (except in limited cases where it can be reviewed by the court).
There Are Costs
Unlike court, arbitration is not free. You pay for the arbitrator’s time and any administrative costs. However, this is often still cheaper than a long court battle.
It’s for Property and Money Issues Only
Arbitration cannot be used to decide parenting arrangements like where the children live or spend time.
Both Parties Must Agree
You can’t be forced into arbitration. Both you and your former partner must agree to take part.
Legal Advice Is Still Important
Even though arbitration is more informal than court, it’s still wise to get legal advice before and during the process.
Need help with your Family Law matter?
Arbitration gives you a private, efficient, and binding way to finalise your financial matters after separation. It’s particularly useful when:
Time is a factor
Negotiations have stalled
You want a decision without the stress and cost of court
Let’s talk about whether arbitration is the right next step for your matter.