Open main menu

Clicklaw Wikibooks β

Changes

Agreements after Separation

22 bytes added, 05:45, 9 March 2013
The Effect of Reconciliation
Separation agreements don't always contain special terms providing for the reconciliation of the parties and the resumption of their relationship. But if a couple does reconcile, what happens to their separation agreement? Does the agreement stay in force? What happens if the parties separate again?
The general rule here comes from the common law. Without a specific clause preserving some or all of the terms of a separation agreement, the agreement will be void if the parties reconcile and resumed married liferesume their relationship and live as a couple. This rule was upheld in a 2003 decision of the Ontario Court of Appeal, in ''Sydor v. Sydor''. In that case, the court held that unless a separation agreement contains a term to the effect that the agreement will survive reconciliation, the agreement will be void when the couple reconciles, notwithstanding a term of the agreement that it is a "full, final and conclusive settlement" of all issues arising from the marriagetheir relationship.
The upshot of all this is that if you believe there's a chance that you and your partner spouse might get back together at some point in the future , and you want your separation agreement to survive your reconciliation, you must put a term to that effect in your separation agreement. Without it, your agreement will be worthless if the relationship breaks down again at some point afterwards.
==Further Reading in this Chapter==
Anonymous user