Reconciling can be legally complicated. Read more here
Over the past two years, the Ontario Court of Appeal has considered the effect of a couple’s reconciliation on their legal rights. In one case, the couple reconciled after signing a separation agreement, and in the other, the couple signed a cohabitation agreement, separated and then reconciled. In each case, the court had to decide whether the agreements signed prior to reconciliation were still binding.
The couple did not divorce after separating, although they each lived common law with someone else after they separated. The parties then reconciled and stayed together for nine more years. Justice Kathryn Feldman specifically considered the clause that voided the agreement after a 90-day reconciliation, observing that the parties were “meant to regain all the rights they had as spouses that were bargained away in the separation agreement.”
Feldman agreed with the wife, holding that the entire pension accumulated between marriage and the second separation should be equalized, but said these sorts of circumstances require a case-by-case analysis and exceptional circumstances could lead to another result. Regrettably for the husband, however, she did not find these circumstances to be “exceptional.”Article content
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