How Long Does Separation Agreement Last


#1

How long can a Separation Agreement last without getting a divorce decree?

We have a general reconciliation clause:
6.20. Effect of Reconciliation. In the event of a reconciliation between the parties to this Agreement, the property provisions of this Agreement shall remain in full force and effect, unless expressly terminated, canceled or rescinded in writing by the parties. It is the agreement and intent of the parties hereto that this provision shall take precedence over any conflicting North Carolina statutory or case law, such that, absent a superseding written document formally executed by the parties, the property settlement of the parties herein contained, whether executed or executory, shall not be voided by a reconciliation of the parties.

Would moving back into together to try thngs out again make the entire Separation Agreement null and voic?

Would the whole 365 day wait period start all over again to get a divorce if we moved in together?

Would sleep overs alone trigger the 365 wait period over again if one contested the divorce because of this?


#2

The provision in the agreement states that the separation agreement will remain with respect to property, meaning the distribution contained therein is permanent. The remaining provisions of the agreement are no longer enforceable upon reconciliation (or moving back in together and resuming the marital relationship). The separation period will have to start again if you in fact resume the relationship.

A sleep over here and there does not constitute a reconciliation, and will not void the agreement or restart the clock.


#3

You state if “relationship resumes”. Is there a legal determination or definition of “the relationship resumes”?

If it is ruled or determined that “the relationship” has resumed is the Separation Agreement null and void?

Does a Separation Agreement ever expire automatically?


#4

If you and your ex begin living together again as husband and wife with the intention of saving the marriage you have reconciled. The reconciliation language in your Agreement states that the property division is permanent, despite a reconciliation. Separation agreements do not expire.