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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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My husband and I signed a separation agreement seven years

Customer Question

My husband and I signed a separation agreement seven years ago. 2 years ago he asked me to move back home to reconcile with our two children. I have been living there ever since. Does a separation agreement become null and void after a certain length of time if a divorce hasn't been sought?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The agreement doesn't automatically become void, per se, but if you never filed for divorce, you're still legally married. Since the separation agreement is a written contract, the two of you can modify that, either orally or in writing. You can agree to revoke the agreement.

If you were to separate again, though, a judge would most likely require a new separation agreement, one that was based on your current assets, income, and expenses. If you re-combined your households after the original agreement, it's not likely that a judge would try to enforce the old agreement.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.