What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile?
British Columbia, Canada
The following excerpt is from Snyder v Deausy, 2019 BCSC 65 (CanLII):
There likely was such an agreement, but I need not decide that issue. As was noted in Alexander v. Alexander, 2013 BCSC 1586 at para. 21, at common law, a separation agreement is void upon the reconciliation of the parties. The rule is subject to displacement if there is an express or implied term to the effect that the agreement will survive and remain in effect even if the parties reconcile.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Is non est factum a defence for a party to an agreement that is fundamentally different to the agreement that party believed it was? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the onus on a party seeking to set aside an agreement that was entered into the agreement? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
What is the test to determine if parties have reached a settlement agreement? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
