Disclaimer: This article aims to provide educational information surrounding separation and reconciliation. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
When speaking to a family law lawyer about your separation, you may wonder why they bring up the possibility of reconciliation. That may be the furthest thing from your mind; however, it is discussed with good reason.
Your relationship’s journey can be marked by ups, downs, and unexpected twists. For some, starting and ending a relationship is not a one-time event. If you reconcile with your spouse, how does that impact your rights and obligations under family law? That is what we will discuss in this article.
How does reconciliation affect your separation agreement?
As we have noted, relationships can be complex and messy.
During a separation, a couple may have negotiated a separation agreement that deals with their finances and divides their property. Then, they reconcile, only to separate again later. What impact does this have on their separation agreement? What provisions from the contract are valid?
In many jurisdictions, including Ontario, reconciliation generally renders separation agreements void. If spouses separate, enter into a separation agreement, and later reconcile, the terms are typically no longer legally binding.
Consider one example: During their marriage, Richard and Jacqueline separated twice. They signed a separation agreement that included a reconciliation clause during their initial separation. This clause stated that the agreement would be void if the reconciliation lasted longer than 90 days, except for “any payment, conveyance or act.” It also contained a clause that waived Jacqueline’s right to her husband’s pension.
They reconciled for almost nine years. Upon their second separation, the issue arose concerning the wife’s entitlement to a share of the husband’s pension. Did the clause relating to Jacqueline waiving her right to the pension survive, given their reconciliation?
The court determined that the exception to the voiding clause did not apply, rendering the release of the wife’s right to the pension void. Consequently, the wife was entitled to receive a portion of the pension until the date of the second separation.
However, that is not to say that reconciliation always invalidates the terms of a separation agreement. Ontario courts have ruled that if a separation agreement addresses a permanent issue, such as the sale of property, the terms related to these matters may continue to apply even if the parties reconcile.
In another example, the parties entered into a Separation Agreement after their relationship ended. This agreement stipulated that the wife would release any claim she had against her husband’s pensions or retirement savings plans in lieu of receiving the net proceeds from the sale of their matrimonial home.
The court determined that this clause reflected the parties’ intention for the wife to waive her interest in the husband’s pension and retirement savings, even after reconciliation. As there was no evidence to suggest a change in intention following reconciliation, the provisions regarding the pension remained valid according to the court’s ruling.
Therefore, if you are separating, you want to ensure that you understand the implications as you move forward and potentially resume your relationship.
How does reconciliation affect your date of separation?
We discussed the importance of your date of separation in a previous article. It is an important date that impacts how your assets are divided when you separate.
However, what happens if you separate, get back together, and then separate again? What is your date of separation?
Suppose you are separated, and you decide to reconcile and start living together again for at least 90 days or more with the primary goal of reconciling. In that case, it can affect how the date of separation is determined. Your date of separation is now the date of the later separation.
Essentially, this interruption or termination also resets the clock for the required one-year separation period for divorce proceedings. In other words, the parties must start counting the one-year period from the beginning again.
How does separation and reconciliation affect your cohabitation agreements or marriage contracts?
While reconciliation generally invalidates your separation agreement, the same cannot be said for cohabitation or marriage contracts. In fact, the Ontario Court of Appeal noted that “there is no presumption that reconciliation brings an end to cohabitation agreements. Each particular cohabitation agreement must be interpreted in accordance with contractual principles to ascertain the objective intentions of the parties.”
As a result, whether cohabitation agreements or marriage contracts remain in effect after reconciliation hinges on the precise terms laid out in the agreements and the intentions of the parties involved.
Seek support from our experienced family lawyers.
In navigating the intricate legal terrain of reconciliation, separation agreements, and domestic contracts, seeking guidance from experienced family law professionals is essential. At Plat SImionati LLP, our team of dedicated legal counsel specializes in providing comprehensive assistance tailored to your unique circumstances.
Whether you’re contemplating separation, reconciling with your partner, or seeking clarity on the implications of domestic contracts, we’re here to offer expert advice and advocacy. Don’t navigate these complex family law matters alone—reach out to Plat Simionati LLP today to ensure your rights and interests are protected every step of the way.