I don’t feel like I got my answer before so I will try again. In a previous post from someone else this was said:
“Reconciliation renders a separation agreement invalid. So, as soon as you 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.”
My question is if there is no reconciliation clause in the separation agreement and property was initially conveyed but not completed by changing the names on the deeds, I would think the property settlement aspect of the agreement would be invalid as well.
Is this correct???
Without a reconciliation paragraph in the separation agreement, and without terms to the contrary, then a reconciliation between the spouses would void the property portions of the agreement, but the entire agreement may not be considered void or invalid.
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.
Thank you so much!!! But I don’t understand what you mean by but the entire agreement may not be considered void or invalid." You said earlier that if the separation agreement did not have a reconciliation clause then the agreement and everything in it is void or invalid.
What if during the separation he had her convey property to him but he never conveyed the property to her. And you say it’s voided. Then the deeds are not legal?
It is possible that only the property portions (equitable distribution) were void while the rest of the separation agreement remained if there was no reconciliation clause in the agreement.
Any deeds made pursuant to the terms of the separation agreement that were recorded at the county register of deed’s office remain legal and valid (assuming no duress, force, etc. when signing them) whether or not the terms in the separation agreement were followed through and whether or not the separation agreement is now valid or void.
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.