Reconciliation Agreements

A reconciliation agreement is a type of postnuptial agreement, a prenup after marriage that a couple who has previously contemplated divorce enters into. Reconciliation agreements may address issues relating to property, asset, and debt distribution, as well as matters concerning child custody arrangements:

When to Consider A Prenup After Marriage

The Georgia Supreme Court case of Spurlin v. Spurlin, 289 Ga. 818 (2011) highlights the types of situations in which a reconciliation agreement may be desirable. In this case, the wife in the matter filed for divorce from her husband. After she confessed to engaging in an extramarital affair, the couple later reconciled and resumed living together, prior to the divorce being finalized.

To protect themselves in the event of another breakup, the couple entered into a reconciliation agreement, preemptively settling future issues regarding division of marital property, alimony, and child custody. (It is important to note that concerning custody matters, the court reserves the final right of decision and any arrangement agreed upon must also be in the best interests of the child.) A reconciliation agreement is an important option to consider to protect yourself in the following situations:

  • For couples who agree to reunite temporarily while undergoing marital counseling;
  • For those who opt to forgive conduct in their spouse which would have been grounds for divorce, negatively impacting awards of alimony and property division;
  • As a way of updating existing premarital agreements to reflect changes in circumstances and to include certain penalties or provisions.

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