22
edits
Difference between revisions of "Agreements after Separation"
Jump to navigation
Jump to search
→The effect of reconciliation
Gagan Mann (talk | contribs) (→Links) |
Gagan Mann (talk | contribs) |
||
| Line 263: | Line 263: | ||
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? | 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 resume their relationship and live as a couple. This rule was upheld in a 2003 decision of the Ontario Court of Appeal, ''[http://canlii.ca/t/5115 Sydor v. Sydor]'', 2003 CanLII 17626 (ON CA). In | 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 resume their relationship and live as a couple. This rule was upheld in a 2003 decision of the Ontario Court of Appeal, ''[http://canlii.ca/t/5115 Sydor v. Sydor]'', 2003 CanLII 17626 (ON CA) and affirmed by the British Columbia Supreme Court in ''[http://canlii.ca/t/g09wr Alexander v. Alexander],'' 2013 BCSC 1586. In ''Sydor v. Sydor,'' 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 their relationship. | ||
The upshot of all this is that if there's a chance that you and your spouse might get back together, 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 may be worthless if you reconcile and the relationship breaks down again at some point afterwards. | The upshot of all this is that if there's a chance that you and your spouse might get back together, 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 may be worthless if you reconcile and the relationship breaks down again at some point afterwards. | ||