News

Cruise & Holmes keep it in the family.


Less than a month ago it was revealed that Katie Holmes was filing for divorce. We are informed that they have agreed their settlement; a spokeswoman for Cruise confirmed, “It is done”.

In US there are very few reporting restrictions in court rooms, as we know a lot of information is available to the general public via reporters, the cameras and so on. Likewise now in the UK, although cameras cannot go into court certainly reporters can.

We are well aware of numerous attempts by the press to publish information they learn from the court room. As recently as last week it was reported that an application had been made to reveal the financial dealings of a couple going through the divorce court and this included information relating to extended family. Very significant sums of money were evidently involved and it was felt by the Judge that the balance was in favour of confidentiality because of the affect on the extended family’s business interests. It does not always work out so well and the judiciary have to be open to allowing the publication of essentially private matters.

Katie Holmes and Tom Cruise they obviously are very public figures and maintaining a degree of privacy not least for their daughter Suri presumably was uppermost in both of their minds.

The only way that people can protect themselves from possible press publication of their position is to look at alternative means of resolving their differences on divorce or separation.

If it is possible to enter into effective dialogue and use mediation, or collaborative law, to sort out the details of a separation, that has to be applauded and accessed. Unfortunately there are cases where the parties simply cannot work through their difficulties and they need a decision maker. How can they secure their privacy and have their cases dealt with so that they can then move forward?

Family Arbitration was introduced to this country in March of this year. It is there for those people who simply cannot resolve their differences and need a decision maker, but do not want to risk their private information becoming public.

Family Arbitration can be accessed through the Chartered Institute of Arbitrators and there are now approximately 60 qualified Family Law Arbitrators throughout England and Wales. The Arbitrators are specialist Family Lawyers who are recognised as bringing to Arbitration a significant experience and specialist skills who have also gone on to be accredited by the Chartered Institute through training as Arbitrators. Jennifer Goldstein trained with the first trench of Arbitrators in September 2011 alongside some eminent High Court Judges and QCs. The standard of Arbitration is very high and can offer not only the privacy that so many people seek but also a much quicker route to resolution of the issues then waiting to go through the court process. Arbitration does not replace alternative means of Dispute Resolution or for that matter the court system but it does offer protection in terms of privacy which the court system cannot guarantee the parties.

Holmes & Cruise released a joint statement on Monday effectively saying that they wanted to keep the matters affecting their family private

Family breakdown is difficult enough and anything that the parties can do to make it in terms of resolution of the practical issues as straight forward and as private as possible can only assist as they move forward to the next stage of their lives.

Jennifer Goldstein is Head of Family Law and a Resolution Accredited Specialist in Financial and Children’s matters, and accredited to the Law Society’s Children’s Panel and an Accredited Arbitrator, a Member of the Chartered Institute of Arbitrators.

To contact Jenny email : jennygoldstein@samuelphillips.co.uk

Samuel Phillips Law Firm: Tel: 0191 232 8451.