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A reconciliation agreement is similar to a premarital or prenuptial agreement in that it generally outlines the terms and conditions not only of the resumed relationship; but similar to a prenuptial agreement, it defines and resolves the terms agree upon in the event of a separation or divorce.
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Reconciliation Agreements
Reconciliation agreements are executed when a couple is planning to reconcile and continue with their marriage, but specific conditions need to be in place for both the resumed relationship, and in the event of a divorce if the reconciliation fails.
Often a reconciliation agreement can ease the mind of a wronged spouse when an act of marital fault was committed such as adultery, gambling or cruel treatment.
The agreement will contain a commitment that the misconduct will not continue due to the reconciliation; but also defines what happens if the misconduct is repeated and the couple no longer remains together.
Chambers Family Law has extensive experience in helping craft marital reconciliation agreements.
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Key Components of a Reconciliation Agreement
A reconciliation agreement needs to be a written contract explaining the terms upon which the marriage will continue, but defines the terms of what will happen if the marriage does end in divorce. Both spouses must the sign the document under oath with their signatures witnessed by a notary.
The agreement should include the following:
Include The Following
In the event that that the marriage is compromised due to the untreated addiction or alcoholism of one spouse, then conditions for maintaining long-term recovery should be clearly outlined. This may be drafted in conjunction with a therapist who is treating or counseling the spouse recovering from addiction. Conditions in a reconciliation agreement may also address physical or verbal abuse, financial and credit issues, gambling, adultery, or any other problem the couple is actively working to resolve.
Consequences if the spouse breaches the agreement. When reconciliation does not result in healing the marriage, the reconciliation agreement should lay the foundation for post-nuptial decisions like division of property, custody, and child support. Our attorneys are skilled at helping couples construct a fair and equitable agreement.
What is the Process for a Reconciliation Agreement?
Reconciliation agreements are complicated and require experienced legal knowledge to create a network of financial and behavioral changes to be met, define what happens when they aren’t, and how they will be measured.
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Our attorneys are skilled at helping you prepare for and participate in negotiations to find common ground with your spouse. This is the time for the couple to focus calmly and clearly on what their needs are both as individuals and as a part of a marriage.
With our attorneys’ help, couples can discuss grievances and financial concerns regarding joint or individual assets and how those are to be divided or allocated in the event of a divorce.
After the couple has entered into a valid and legally enforceable reconciliation agreement, in the event they seek to divorce later, the judge will approve the terms and incorporate the reconciliation agreement into the divorce decree, thereby enforcing the terms, and the court will make both parties comply with those terms.
How Reconciliation Agreements are Enforced
For a reconciliation agreement to be enforceable, it must strictly meet all established legal and procedural requirements to be considered valid and upheld by the court; and then it will be approved by a judge and made part of the final divorce decree.
Further, before the reconciliation agreement is considered enforced, the court will consider whether the promise to resume the marriage was made in good faith and whether each party has sincerely made an effort to reconcile the marriage.
The judge will also look to see if the agreement has addressed and includes all required provisions and was signed under the correct circumstances.
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Benefits of a Reconciliation Agreement
By having a reconciliation agreement, a couple who are close to divorce can step back and reassess an emotionally charged situation. Courts prefer reconciliation agreements because they resolve all issues to be resolved in the event of a subsequent divorce, thereby relieving the court from having to have a trial and to determine how property will be divided, or how support will be paid.
Reconciliation Agreements have the potential to save the marriage and avoid a contentious divorce.
When alcohol or drug addiction is involved, a reconciliation agreement can constructively define each spouse’s expectations and goals; as well as what will happen in the event of a relapse and/or if the addicted spouse does not comply with the agreed upon treatment recovery plan, while at the same time protect both parties’ interests.
In the unfortunate situation when a couple’s efforts do not result in healing the marriage, future post-nuptial decisions will be made much easier when a reconciliation agreement has addressed how all issues will be resolved in the event of a divorce; thereby eliminating the couple having to construct a fair and equitable divorce agreement, while emotions are generally high.
Our job at Chambers Family Law is to help families through the challenges that can arise in a marriage. It is not our automatic goal to lead you through a divorce. When a couple desires working through their issues, even the enormous challenges created by addiction, we will listen in a caring, non-judgmental, and supportive manner.