What is a reconciliation contract?

Have you heard of reconciliation contracts? They’ve been making headlines recently, thanks to golfer Rory McIlroy and his wife, Erica Stoll, who “un-divorced” just weeks after announcing their separation. But what are they, how do they work and why would you ever actually need one?

Deciding to “un-divorce” isn't as strange or unusual as you might first think. The actual process of starting divorce proceedings genuinely does result in some couples getting back together. Even our divorce process builds in a period of time (20 weeks) for couples to reflect on their decision to divorce.  And, although you might not know it, it's a legal requirement for family lawyers to have discussed the possibility of a reconciliation with their divorce clients before even starting the divorce process.

What are reconciliation contracts?

Reconciliation contracts (sometime called reconciliation agreements) are like post-nuptial agreements, but with a twist. Unlike traditional post-nuptial agreements that focus solely on how money and property will be divided if there the couple decides to divorce, reconciliation contracts also include agreements, expectations and commitments setting out how the couple is going to get their marriage back on track. For example, it might not be unusual to see an agreement to curb an addiction or a commitment to spend less time at work in a reconciliation contract. In the event that the relationship breaks down again, the reconciliation contract sets out how practically the couple will separate (mirroring a post-nuptial agreement). 

How do they work?

While the details of such agreements are typically confidential, it's clear that they can be tailored to address the individual circumstances and needs of the family involved.

When setting out a reconciliation contract, it’s essential to be clear and specific about the terms. These are very likely to include:

• How the relationship will be resumed and any promises, commitments or agreements that are being made as part of the reconciliation
• How the finances will be divided if the relationship breaks down
• How any disagreements will be dealt with

Is it worth having one?

It’s important to be aware that the enforceability of reconciliation contracts can vary depending on the country you live in or are divorcing in. In some places, they are treated similarly to pre-nuptial agreements and require full financial disclosure and independent legal advice for the contract to be considered valid. In others, they may be viewed as less binding. For international families in particular, it is crucial to find this information out in good time.

While pre- and post-nuptial agreements are well-established in English and Welsh law, reconciliation contracts are relatively new and, as a result, their legal standing is less well-defined or tested. It's perhaps no surprise to hear that they are much more common in the US. However, there's no reason to think that a reconciliation contract would not carry legal weight and could not be relied upon here as they follow the same legal underpinning as nuptial agreements. 

For couples considering a reconciliation contract, it’s crucial to seek legal advice to understand the implications and ensure that the agreement is fair. A specialist family lawyer can provide valuable guidance in helping to draw up a contract that is not only fair but where the couples have entered into it freely, without undue pressure and with the benefit of independent legal advice. 

The process of negotiating a reconciliation contract can also offer an opportunity for couples to communicate openly about their expectations and concerns, potentially strengthening their relationship. Anecdotally, the negotiation process can help provide a foundation for a renewed commitment to the marriage, with clear agreements in place to prevent future disputes. And for those relationships that do break down again, there is certainty, clarity and privacy in dealing with the aftermath. 

If you are interested in finding out more about reconciliation contracts, contact our specialist family lawyers.