Understanding Marriage Reconciliation Agreements

After a problem in your marriage, reconciling with your spouse can be hard. Your spouse may have cheated on you, gambled away your savings, or have substance abuse issues. You may need reassurance from your spouse and a commitment to make the marriage work. A reconciliation agreement can help some couples commit to staying together.

Property and divorce laws differ in every state. A local divorce attorney can explain your legal options for a marriage reconciliation agreement. Contact an experienced family law attorney for legal advice.

What Is a Marriage Reconciliation Agreement?

A marriage reconciliation agreement is a legal contract between a couple for handling assets and financial obligations in the event of divorce. It’s sometimes known as a postnuptial agreement. The difference between a reconciliation agreement and a prenuptial agreement is that you sign a prenup before marriage, and you create a reconciliation agreement after marriage.

The motivation for a reconciliation agreement is reconciling after a marital rift. This type of agreement can cover various property, assets, and liabilities in a divorce, including:

• Division of assets
• Spousal support
• Debts and loan payments
• Retirement accounts
• Small business assets

Generally, settlement agreements don’t cover child support or child custody. In many states, courts won’t enforce child custody or child support terms in a prenup or postnup. Courts determine child custody based on the best interests of the child. Child support payments depend on custody, income, and other factors.

When Do Couples Sign a Marriage Reconciliation Agreement?

You may sign a reconciliation agreement if you have problems in your marriage. A reconciliation agreement is a promise to provide certain benefits and financial assets if the marriage doesn’t work out. It can be a way to try to reconcile and resume cohabitation after a separation.

For example, suppose someone finds out their spouse was unfaithful. They may have a hard time trusting their spouse or want to get a divorce. The spouse may apologize and want to work it out. The cheating spouse could sign a reconciliation agreement to promise alimony if they ever cheat again and get a divorce. This agreement can motivate both partners to try to save the relationship.

Can You Sign a Marriage Reconciliation Agreement After You File for Divorce?

You can change your mind after you file for divorce but before the court grants the divorce decree. You can sign a marriage reconciliation agreement after filing for divorce by getting the court to suspend the divorce proceedings. Contact the court for a stay of the divorce proceedings. The court can suspend the case for reconciliation. This can give you time to work out an agreement.

How Do You Enforce Reconciliation Agreements?

Family court judges will enforce most reconciliation contracts if they’re fair and equitable. However, courts won’t enforce a reconciliation agreement if the terms are illegal or if one spouse coerces the other into signing. Both spouses must sign the agreement in good faith.

Can You Use Reconciliation Agreements to Avoid a Divorce?

You can get a divorce for any reason or no reason at all. All states allow for no-fault divorce. If one or both spouses are considering a divorce but have second thoughts, a marital agreement can avoid a divorce.

Reconciliation may not address all your relationship problems. But it’s a way for you to commit to keeping the relationship together. If the reconciliation doesn’t work out, you can still get a divorce. With a reconciliation agreement in place, the terms of the divorce process will include the contract terms.

Are There Alternatives to Divorce Court?

Divorce law is traditionally an adversarial process. Each spouse has their own lawyer to litigate for their wants in the divorce settlement. However, married couples can use collaborative family law and mediation to settle their issues amicably. With collaborative family law, the couple works together with a team to resolve disputes, including divorce settlements.

Mediation is another type of alternative dispute resolution. A trained family law mediator works with the couple to help them develop a plan that best suits their needs. The mediator facilitates the settlement, and the couple decides their own outcome. This avoids having a family law court deciding the outcome.

Can a Family Law Lawyer Help With Marriage Reconciliation Agreements?

If you have questions about reconciliation agreements, talk to a lawyer. Reconciliation agreements are legal contracts, and you’ll be held to the terms of the contract. You should consider legal advice before signing a reconciliation agreement or a prenup.

An experienced family law attorney can explain your options and legal rights. Speak with a local family law lawyer for more information about marital reconciliation agreements.