Karan Singh Grover announced his divorce with actress Jennifer Winget on Monday through a number of tweets. Although the couple had been separated for some time, the divorce may come as a surprise to some as Jennifer told her fans that all was well between them a few months ago. The divorce between the couple will be much more than a claim for divorce, as the soon to be former spouses will most likely negotiate a Separation Agreement dealing with all claims between them.
As there may be no reasonable prospect of reconciliation for the couple who are currently separated, a negotiated Separation Agreement can deal with all issues including, but not limited to, spousal support, the matrimonial home, and the division of property. The negotiation of a Separation Agreement can settle all issues on a final basis and may be mutually beneficial to both parties. In sharp contrast, if such a divorce were to come before a court, the resolution is no longer in the hands of the parties, but in the hands of a third party, who is largely a stranger to both parties.
Alternative Dispute Resolution (often referred to as ADR) presents former spouses with an opportunity to negotiate the resolution of all issues arising from the breakdown of their relationship. If the parties are able to co-operate and capable of compromising, processes such as negotiation and mediation, present promising alternatives to the traditional court system. In addition to the high cost of litigation, the parties are able to continue to co-exist in an arrangement that they both agreed to. Where there are children of the marriage, the benefits of Alternative Dispute Resolution are magnified as the parties must continue to co-exist in what is often referred to as the "post-separation family unit".
Although Karan and Jennifer have no children together, the negotiation of a Separation Agreement may not further strain their relationship. Further, a Separation Agreement would provide both parties with certainty and finality with their situation, providing closure to both Karan and Jennifer. As opposed to litigation, the negotiation of a Separation Agreement may provide both Karan and Jennifer with a "win", instead of a clear loser and a clear winner after a judge renders his/her decision. Further, in sharp contrast to litigation, if Karan and Jennifer are able to reach an Agreement through negotiation they will be able to keep their issues private.