What is the effect of reconciliation on a reconciliation agreement?
Ontario, Canada
The following excerpt is from Greene v Greene, 2017 ONSC 3007 (CanLII):
The Ontario Court of Appeal in Sydor v. Sydor, 2003 CanLII 17626 (On CA), 44 R.F.L. (5h) 445, considered the effect of reconciliation on a separation agreement. At paragraph 22, Feldman J.A. said this: [T]he common law rule is…the separation agreement is void upon reconciliation, subject to a specific clause in the agreement that would override the common law or a clause that would be implied from the agreement that the intent of the parties was that transactions carried out under the agreement will remain in place.
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