Blog Post

Keep It in the Family: A Guide to Resolving Couple Disputes

Almy & Thomas • 26 March 2024

The prospect of separating from a partner or spouse can be incredibly upsetting and daunting, especially when the costs of court proceedings are so well publicised. Fortunately, however, there are a number of ways to resolve couple disputes outside of the courtroom. In fact, formal legal action should always be considered a last resort when other dispute resolution methods have missed the mark.

So, what are the most common options for couple dispute resolution?

Couples Therapy

If you’re still unsure whether your relationship is at an end, a counsellor or therapist might be able to assist you in addressing underlying issues. Through this process, you might realise that you want to reconcile with your partner and no longer require legal assistance. Remember, divorce or partnership dissolution is a “means to an end” that should only be pursued if your true intention is to bring your relationship to a complete end.

The “Kitchen Table” Method

If your relationship has irreparably broken down, you and your partner might choose to negotiate your own agreement for finances or any child arrangements “over the kitchen table”. If you do feel able to have an amicable conversation, it’s still wise to pursue legal guidance so that you understand your options and what outcomes are most realistic.

Mediation

If working out an agreement amongst yourselves isn’t feasible, mediation can be useful. This is the process by which a trained mediator helps you to reach a resolution in a neutral setting. Once again, it’s important to take legal advice independently from your partner to ensure that the legal ramifications of any agreement reached in mediation are suited to your circumstances. Legal advice can be provided in advance of the mediation and throughout the process.

Negotiation

If discussing the matter with your spouse is not working, you could also ask a civil litigation lawyer to help negotiate a settlement on your behalf. Negotiations typically take place through telephone communication or face-to-face meetings.

Court Proceedings

While court proceedings should be a last resort, in certain circumstances they are the most suitable option. Because dispute resolution and family-related matters are a complex area of law, it’s essential that you appoint a solicitor to support and guide you through the process. Your solicitor should also be able to offer guidance on how to prevent your legal fees from increasing unnecessarily.

Consult with a Civil Litigation Lawyer

If you’re considering seeking legal advice or pursuing court action for a couple dispute, Almy & Thomas. Our civil litigation lawyers in Torquay can guide you through this complex process, providing support along the way. We always strive to help you achieve the best possible outcome based on your circumstances. For more information about what we do, please get in touch.

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