Once upon a time, there was a beautiful princess who moved back in with her Ex. Let’s call her Marilyn. They had been legally separated for years, never bothering with the final paperwork of being divorced. The Ex had become quite ill and, having remained good friends, Marilyn agreed to move back into the matrimonial castle to care for him. As luck would have it, the spark reignited, her ex became her Handsome Prince, and they once again found true love. It’s the thing of fairy tales.

As they were not officially divorced but had a separation agreement in place, does this void that agreement and what happens if their reconciliation doesn’t work out?

Great questions. Separation isn’t always permanent, which is why the Divorce Act requires you to be separated for at least one year before you can officially divorce. Should you reconcile before you sign divorce papers, any separation agreement that is in place becomes null and void.

However, many separation agreements include a provision that states the agreement will remain in force if the attempt to reconcile lasts less than 90 days.

This 90-day period is important from a divorce perspective as well. To obtain a divorce, you must be separated for at least one year. Should an attempt at reconciliation fall apart within 90 days, you can proceed with a divorce as planned. For Marilyn, if her reconciliation doesn’t work out within the first 3 months she can still get divorced anytime as she has been separated for over a year.

Should the 90 days pass, however, and things fall apart, that one-year period resets and she will have to wait another year before an official divorce can be granted.

Outside this 90-day trial period, here are some other things Marilyn should consider in moving back in with her ex:

Property and Finances: When couples separate, they often begin the process of dividing their property and assets. If they reconcile, they need to carefully consider how to handle any divisions that have already taken place. Have a plan for handling finances going forward, such as joint bank accounts and any debt that has been accumulated post-separation.

It's advisable to consult with a family law attorney to ensure that the reconciliation doesn't inadvertently create new legal or financial complications.

Children and Parenting: If children are involved, ensure their well-being is prioritized.

Legal Documentation: You may want to consider drafting a reconciliation agreement with the help of a family lawyer to be clear on terms and expectations. You will also want to review and update wills, powers of attorney, and beneficiary designations on insurance policies and investments.

Emotional Considerations: Aside from the legal and practical aspects of reconciling, it’s important to consider the emotional side of things. You separated for a reason, so make sure you address those reasons as part of the process to help avoid them repeating. Seek professional counselling if needed.

Reconciliation can be a positive step for many couples, but it's important to approach it thoughtfully and to clearly understand the legal and practical implications. By carefully considering these factors and even seeking professional guidance when needed, the chances increase of a reunion being successful while protecting each one’s interests if things don't work out.

As for Marilyn… As time passed their love deepened. Yet, this was not a fairy-tale ending. Eventually, they would discover that he was terminally ill. They embraced his remaining days with love, reminiscing and reflecting on their past. Despite the sorrow, they found solace in being reunited and cherishing the time they had together.