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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-10-2006, 12:01 PM
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Okay heres a QUESTION

If a couple has an agreement in place and they get back together for more than 90 days, and then they break up again say at 95 days, is it possible for "whoever" to re-start any support from the previous agreement or do they have to go through the whole process again?

And if the support is started up again does that mean that the reconciliation did not happen?
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Old 03-10-2006, 07:48 PM
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I believe it would depend on the terms of the separation agreement. Most separation agreements have reconciliation clauses.
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Old 03-10-2006, 08:23 PM
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Hey logical velocity
or anyone else

Lets DEBATE THIS

(I finally figured this site out.... no personel stuff guy's lets get down to the nitty gritty 1st topic...(future debate's will be held in the general chat area okay guys instead of moaning and complaining and passing around info on ourselves lets do something positive... - this thread will continue here - - I have another debate starting in the general chat area of this site - please really think about answers before replying - if we want to change things we have to suggest things so put your key board where your mouth is and lets go -

Yeah okay all's well but here we go....

We agree that a couple of separated.
We agree that they have a court order in place for child support.

yeah

so... we know need a reconciliation clause...

do we put one in or do we leave it out.... ?
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Old 03-10-2006, 08:52 PM
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The law states, and correct me if I'm wrong that a couple can reconcile for a period of 90 days. If within this time period they deside to split up again, thier original seperation date and terms remain the same.
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Old 03-10-2006, 10:37 PM
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On one hand you have the law, but per say your separation agreement in place altered the length to say 150 days, your separation agreement would prevail. This is the power of a separation agreement. You can basically agree to your own terms of separation.
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Old 03-13-2006, 05:52 PM
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and if it's after the amount of required day's they have to refile the agreement.
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Old 03-13-2006, 06:34 PM
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I would think that If the separation agreement remains silent on reconciliation clauses, you have to refer to the law.


Here is a typical wording from a separation agreement that makes the agreement and terms to prevail over any of the acts as stated in the clause.

AGREEMENT TO PREVAIL

This Agreement prevails over any matter that is provided for in the Family Law Act R.S.O. 1990, Chapter F.3, Divorce Act (Canada), and or any succeeding legislation, and any subsequent domestic contract between one of the parties and another person, where this Agreement makes provision for such matter.

and also this clause

RESUMPTION OF COHABITATION

If at any future time the parties cohabit as husband and wife for a period or periods totaling less than ninety (90) days with reconciliation as the primary purpose of the cohabitation, the provisions contained in this Agreement will not be affected except as provided in this section. If the parties cohabit as husband and wife for a period or periods totaling more than ninety (90) days with reconciliation as the primary purpose of
the cohabitation, the provisions contained in this Agreement will become void, except that nothing in this section will affect or invalidate any payment, conveyance or act made or done pursuant to the provisions of this Agreement.

The 90 day limit can be changed to whatever the parties agree to. If they wanted 300 days, it would still be legal as long as the agreement was done up properly and each had independant legal advice.
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Old 03-13-2006, 10:04 PM
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Hey guy's

So far so good...now how about ....

What if one party did not seek legal advice?
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