Getting a Reconciliation Agreement with your spouse
If you retain me as your attorney, I will:
Learn the special circumstances of your situation. Advise you as to whether a Reconciliation Agreement is the right solution for your special circumstance.
Work with you, your spouse and your spouse’s attorney to prepare a Reconciliation Agreement that meets your needs and the requirements of the law.
If you and your spouse retain me as your mediator, I will:
Help the two of you identify the individual needs of each of you for a successful reconciliation.
Help the two of you write a Reconciliation Agreement specific to your individual needs.
What is a Reconciliation (Marital) Agreement?
A ‘postnuptial’ or ‘marital’ agreement is an ‘agreement between spouses who plan to continue their marriage’;
it alters or confirms the legal rights and obligations that would otherwise arise under divorce law.
It is hoped that in some cases the agreement ‘may inhibit the dissolution of a marriage, or may protect the interests of third parties such as children from a prior relationship.’ These agreements are also called ‘postnuptial agreements’ in some states. - Paraphrased from the Supreme Judicial Court case of Ansin v. Craven-Ansin.
In other words, a Reconciliation Agreement is a written agreement you and your spouse prepare in an attempt to reconcile marital differences while acknowledging the possibility of divorce. The agreement sets out the rights and obligations of you and your spouse if divorce becomes an unfortunate reality.
Benefit of a Reconciliation Agreement:
A Reconciliation Agreement permits you and your spouse to arrange financial affairs and settle mutual obligations, including support, should the two of you end up divorcing.
For whom is a Reconciliation Agreement Appropriate?
A Reconciliation Agreement is appropriate if you, or both of you, want to try and “make the marriage work” but are afraid, if it doesn’t work out, the “next round” could be a “battle” in divorce court.
Points to Consider
A Reconciliation Agreement is not the type of agreement you should attempt to write on your own because if you leave out a required provision, the agreement will not be enforceable.
For a Reconciliation Agreement to be enforceable, it must be approved by a judge of the Probate and Family Court. Before approving any agreement, the judge will look to see if the agreement has the required provisions and was signed under the correct circumstances.
