Take care with reconciliation clauses in separation agreements
Reunited couples should pay close attention to the reconciliation clauses in their separation agreements to avoid being burned should they split a second time, Toronto family lawyer Jennifer Samara Shuber tells AdvocateDaily.com.
Shuber, a lawyer with Beard Winter LLP, says case law in Ontario has established that reconciliation will void an agreement, but many spell it out with explicit clauses that typically state a 90-day cohabitation after reconciliation will be enough to nullify the contract.
“You have to be very sure that you understand what happens in the event of reconciliation,” she says. “Rather than throwing in a standard clause, drafting lawyers should ensure the language is clear with respect to what happens on reconciliation, and that the intention of the parties is reflected.”
By AdvocateDaily.com Staff
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