Reconciliation Agreements
A marriage reconciliation agreement in North Carolina can be a valuable tool following a period of separation. Most people who separate end up divorcing, but there are those couples who work out their differences and opt for a “resumption of marital relations.” Lawyers often include reconciliation agreements in their paperwork.
After formally separating property acquired during the separation is generally your separate property, free and clear of your spouse’s ownership. What happens to that property when you reconcile? There are legal, financial, child support and other implications when choosing to resume a relationship following a period of separation that a reconciliation agreement will address.
It’s important to understand the logistics and legalities if you choose to rekindle the marriage. Consultation with an experienced family law attorney can help unpack the factors involved in reconciling.
What Is Considered Reconciliation in NC?
North Carolina defines reconciliation as a relationship resuming after a separation but before an absolute divorce. Rekindling and resuming the relationship must be voluntary by parties and is generally more than one or two isolated resumptions of marital relations. A good rule of thumb is if you move back into the same residence, you’ve reconciled.
Why Couples Reconcile
For a marriage to last, it takes effort and commitment. Before filing for divorce, North Carolina law states that couples have to live apart for a period of one year. It’s during this time that individuals create healthy boundaries, process emotions and resolve issues that may have contributed to the divorce.
The most common reasons for couples to reconcile include:
- Still feeling romantic love for each other
- Sticking together for the sake of the children
- Having businesses and financial assets
- Wanting comfort and to avoid loneliness
- Experiencing forgiveness after trauma from an affair
- Giving in to pressure from others to give it another try
- Not wanting to lose the time invested in the marriage
- Having low self-esteem, leading to the belief that they can’t do better
- Having mutual goals and reaching the same phase of life
- One (or both) parties maturing emotionally and having a better mindset toward marriage
What Factors Can Show That a Couple Has Reconciled?
If a couple in North Carolina decides to reconcile, the courts will take a holistic view of the circumstances rather than focusing on one aspect.
A judge may ask the following questions:
- Is the couple going to counseling to resolve ongoing issues?
- Has the couple moved back in together, or are they still living apart?
- Are they intimate regularly, or did they only have occasional sexual relations?
- Do they stick to child custody agreements, or are they spending time together as a family unit?
- Are they holding themselves out as a couple to the public?
- Are both parties telling colleagues, friends and families that they intend to get back together?
How Reconciliation Affects Separation/Divorce If the Couple Ends up Divorcing Anyway
Couples in North Carolina must undergo a separation period of at least one year before divorce proceedings. You are required to live separately — usually, one person moves out while the other stays in the marital property. Should you get back together during the separation period, you go back to square one and will need to remain separated for another full year if you file for divorce. Typically, lawyers create a reconciliation agreement outlining what happens if parties decide to reconcile before the divorce or during the separation period.
Because divorce is a legal proceeding, there are agreements and documents in place that need to be dealt with if you reconcile. Prenuptial agreements, child custody policies, property and asset division all need to be revisited. This is a tricky process that requires the help of an experienced divorce lawyer.
When it comes to property evaluation and assets, these are valued at the time of separation and will need to be re-evaluated to establish a new date and timeline.
You do need to tread carefully if you reconcile during the separation phase and then still choose to divorce.
Contact Freedom Law today for help with legal documents, spousal agreements such as separation agreements, and mediation. As an experienced family law firm, we are also available to advise about child custody agreements. Whether you’re reconciling, divorcing or seeking advice, we can work with you to achieve the best possible outcome.