When is the separation agreement null and void


#1

My husband and I signed our separation agreement in October 2012 and filed it with our lawyer. Then got back together 10 months later. I was wanting to know if our separation agreement is still in effect if we were to get separated again? I was not faithful when we got separated and was afraid he would take the kids away from me because he made the money and I didn’t. Now we are back together and have tried to work things out. We are still working on it but I don’t know if it is going to work. He still makes the money and we have two children.
Thank you


#2

The language of the separation agreement will dictate if the agreement is still in effect. Look at the standard provisions and waivers in the agreement and see how reconciliation is treated. It may make the agreement void, it my make only exectory provisions void, or it may stay in effect despite your reconciliation. You will need to read your agreement.


#3

If the Separation agreement is still in effect can I change the child support part of the agreement. I wouldn’t want alimony but I would be having the children more than him.
Thanks


#4

You can always file a motion to modify custody or child support despite the fact that you have handled these matters through a separation agreement. The court will always hear child related matters so they can act in the best interests of the child. To learn more about modifying child support, check out our article:how to modify child support


#5

Thank you