SC: Reconciliation Agreements

If you and your estranged spouse are attempting to resume your marriage after a separation, you may want to consider signing a reconciliation agreement.

Reconciliation agreements are executed when parties have separated and are planning to reconcile and continue with their marriage, but one or both parties wishes to do so only if there are express conditions that plan for the outcome in the event the marriage ultimately fails.

A reconciliation agreement is similar to a premarital or prenuptial agreement because it generally sets forth terms and conditions of the resumed relationship, much like a premarital agreement sets forth the terms one can expect upon separation or divorce in a new marriage relationship.

Reconciliation agreements are often suggested when one spouse wishes to reconcile after an act of marital fault was committed by the other spouse, such as: adultery, gambling, or an alcohol or drug addiction.

The agreement will set forth what terms and conditions will apply to the parties’ separation if the misconduct is repeated and the parties do not stay together.

Having an experienced attorney can help you navigate the decision of whether to sign such an agreement and what terms should be included.