This marriage is barely 3 years but I can't stand him

Dear Harold,

We are barely three years into marriage but suspicions and constant disagreements may lead us to a dead end.

At some point, I think we were either not meant for each other, or we hurriedly exchanged vows out of both anxiety and immaturity.

We are both below 30. However, much as we are facing trying times, I do not think it is right to dash to court and air our dirty linen in public while struggling with either divorce or separation suits.

Does the law provide for resolution of marital disputes out of court and glare of media cameras?

Brenda, Mombasa.

Dear Brenda,

Yes, the law provides for amicable settlement of marital disputes out of court. For starters, Article 59 (1) of the Constitution provides for alternative dispute resolution methods which include arbitration, mediation and conciliation.

The new Marriage Act also encourages spouses to resolve their disputes through alternative dispute resolution methods and has a provision for a conciliatory body established for the purpose of reconciling parties to a marriage. Moreover, family courts are often ready when spouses in dispute request for time to go and try to reconcile out of court.

The Marriage Act also provides that proceedings for dissolution of civil marriages may be adjourned for a period not exceeding six months to either make further inquiries or attempts at reconciliation to be made by the spouses.

There are also instances where spouses solve their differences out of court and enter into signed parental responsibility agreements that are later registered in court. In daily practice, settling family disputes out of court is cheaper and faster as there are no hurdles like adjournments and case backlogs that plague court cases.