Deed of Reconciliation

A Deed of Reconciliation is an agreement that may be entered into by parties who have previously separated or initiated divorce proceedings but have since decided to attempt to reconcile and continue their relationship instead. It helps establish clear guidelines and expectations for both parties as they work towards rebuilding their relationship.

A Deed of Reconciliation is a legal document that outlines the terms and conditions agreed upon by the two parties. It can stipulate arrangements during the period of attempted reconciliation and how a divorce will be dealt with if the reconciliation attempt is unsuccessful. A Deed of Reconciliation can be tailored to suit the specificities of the parties’ situation.

Regarding the period of attempted reconciliation, the Deed of Reconciliation may provide for the following:

• The parties’ living arrangements during the period of attempted reconciliation;
• How the parties’ finances will be managed;
• Who the children will live with;
• How the children’s expenses will be apportioned between parties and
• Whether the parties shall attend counselling or family therapy.

The Deed of Reconciliation may provide for the following in case the parties decide to proceed with a divorce:

• Which fact for divorce the parties will rely on;
• How the matrimonial assets will be divided;
• Issues involving the children’s custody, care and control, and access;
• How the children’s expenses will be apportioned between parties; and
• Whether one party will pay the other party spousal or child maintenance.

It is important to note that in the event of a divorce, a Deed of Reconciliation is just one factor that the Court will consider when deciding on the divorce and ancillary matters.

The Court’s decision may deviate from the terms in the Deed of Reconciliation if the Court finds it just and equitable to do so, depending on the circumstances of each case.

It is also pertinent to note that the renewal of cohabitation between the parties and their reconciliation destroys the effect of a Deed of Separation.

If reconciliation fails, parties can use the terms they have agreed to in the Deed of Reconciliation to work towards an amicable divorce.