I’m sorry I did not understand your response…
The separation agreement is still valid (assuming both of your parents signed it and their signatures are notarized) unless it was rescinded by your parents by written mutual agreement or court order. This holds true whether or not they followed through with the terms of the separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
But this answer is in conflict with other things I have read. How can it still be valid if they moved back in together and lived together until death? I thought that was the whole reason why it is important to have a reconciliation clause…
This was written in your forum earlier…
“Reconciliation renders a separation agreement invalid. So, as soon as your and your husband got back together the separation agreement you previously signed was no longer enforceable. At this point you are starting new with regard to your divorce proceedings. You can either renegotiate a new separation agreement, or you can always file motions with regard to custody, alimony, child support, and property division.”
I want to know if it cancels what had already been started with property transference…
Whether or not their separation agreement was considered invalid and no longer in effect depends on whether or not there is a reconciliation paragraph in their separation agreement. Oftentimes, separation agreements will specifically state that reconciliation of the spouses does not cancel or void the terms in the separation agreement. If that is the case, then the agreement would remain in full force and effect unless expressly rescinded by the parties.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.