Marriage, Separation & Divorce > Q&A

Reconciliation


My wife and I have been legally separated for many years. We want to reconcile our marriage (legally) and are wondering how be would go about this process? Can you please advise how we would go about doing this? (by L of Abbotsford, BC)

Congratulations on reconciling. It's nice to get a question from the other side of the table, so to speak.

Now, by "legally separated," I assume you mean that you have a separation agreement, as there really isn't any such thing as being "legally" separated. First of all, move back in together and resume your relationship. After that, you have a couple of options with respect to your separation agreement.

First, you could tear up all original copies of the agreement.

Second, you could ignore the agreement altogether and simple resume your relationship, checking what, if anything, the agreement says should happen in the event that you reconcile.

Third, you could write on a blank piece of paper "[name] and [name], having reconciled and resumed their marriage hereby agree that their separation agreement dated [date of execution] is void and no longer of any force and effect," and then have a space for you to write the date and for each of you to sign in front of a witness.

Fourth, you could turn the separation agreement into a marriage agreement, to take effect again should you separate in the future (god forbid). Take a blank piece of paper and write "[name] and [name], having reconciled and resumed their marriage hereby agree that their separation agreement dated [date of execution] is now a marriage agreement by virtue of the resumption of their married relationship, to take effect in the event of the future breakdown of the marriage, and that [clause numbers] are hereby no longer of any force and effect." The things you wouldn't want to be of any force and effect would be an ongoing obligation to pay child support or spousal support, and things like that.

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