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Golfer Rory McIlroy is never far from the headlines. But for a time earlier this year, he garnered more press attention for his marital reconciliation than for his golf. Just weeks after announcing their separation, Mr McIlroy and his wife, Erica Stoll, announced their “un-divorce”. Such high-profile cases are highlighting the growing popularity of the reconciliation contract.
“I would like to thank Holly Skelton for her steadfast professionalism, efficiency and diligence throughout. I cannot recommend Holly enough.”
Reconciliation contract
It’s unknown whether the McIlroys formalised their reconciliation with a postnup or a reconciliation agreement, but such agreements are growing in popularity, particularly among high-net-worth individuals.
Reconciliation following separation is not uncommon. Indeed, the divorce process even factors in a lengthy period (20 weeks) for couples to reflect on their decision. And family lawyers are required to discuss the possibility of reconciliation with clients before commencing the divorce process.
Reconciliation contracts (or reconciliation agreements) are similar to postnuptial agreements. However, a traditional postnup focuses on the division of assets if the couple later decides to divorce. Reconciliation contracts go further, including setting out the parties’ expectations and commitments to get a marriage back on track. For example, a party might agree to curb an addiction or commit to spending more time at home with the family.
See also: Pre- and postnuptial agreements |
The terms of a reconciliation contract
The terms of a reconciliation contract must be clear and specific. They are very likely to include:
- details of how the relationship will be resumed, including any commitments, promises, or agreements made during the reconciliation.
- how the marital finances will be divided if the relationship breaks down.
- how the couple will deal with any disagreements.
Are reconciliation contracts legally binding?
As with pre- and postnuptial agreements, the enforceability of reconciliation contracts varies depending on the jurisdiction in which you live or divorce. In some countries, they carry a similar weight to nuptial agreements, and to be valid, they require:
- full financial disclosure and
- independent legal advice.
Other jurisdictions consider them less binding. In England and Wales, reconciliation contracts are relatively new. As a result, their enforceability is less certain. However, if they follow the same principles as nuptial agreements, there’s no reason to think the court will treat them less favourably. Indeed, each party must enter the agreement freely, without undue pressure and having obtained independent legal advice.
Couples often say that negotiating a reconciliation contract offers an opportunity to openly communicate their concerns and expectations, potentially strengthening their relationship and renewing their commitment to the marriage. And should their relationship break down again, there will be clarity, certainty, and privacy in dealing with the aftermath.