It happens on more than one occasion that people who for different reasons have decided to separate and end their marriage through a process of separation of fact. Divorce or marriage annulment end up fixing the situation and decide that they want to continue with the marriage relationship, and this is only possible when the judge has not passed the final decree on their case.
It is understood that there is reconciliation when both parties of the couple show their willingness to back down in their decision to extinguish the marriage bond. However, for legal purposes, judicial reconciliation is not always possible, since it depends on the moment in which the judicial process is found and the type of matrimonial dissolution in question.
We should not fail to understand the different legal figures that are related to the termination of the marriage bond.
De Facto Separation
The de facto separation (unusual nowadays) supposes the suspension of life in common, but not the extinction of the marriage bond.
Divorce can lead to the dissolution of the marital bond from the date on which they are officially divorced.
The civil nullity on its part produces the disappearance of the marriage bond both for the future and for the past effects.
The reconciliation produced before or after the sentence is admissible in the de facto separation proceedings. In divorce proceedings, the couple’s decision not to terminate their marital bond can only be made before the judgment is issued out. If the act of reconciliation occurs after the couple is issuing out the divorce decree longer legally married, so there will be no impediment for them to maintain a relationship and even to remarry, but in as much they remain divorced, the terms will remain in effect. In civil nullity, there is no reason for reconciliation, since it is understood that there were reasons from the beginning of the marriage that made it not according to legality.
In cases of reconciliation in a de facto separation or a divorce process before the judgment is issued, both parties must bring the reconciliation to the attention of the supposed judicial authority. The judge will have the power to modify or maintain the measures that have been decided at the time regarding the children of the marriage if the causes that justified them remain valid. In general, except for a few situations, these effects are cancelled.
In short, reconciliation can occur within a divorce process, whether it is a contentious divorce or a divorce by mutual agreement, but it is essential for it to take effect that both parties communicate their decision to the judge before the final judgment of the lawyer on your divorce case. Otherwise, the marriage bond will remain discarded despite the will of those involved which is more reason why seeking professional legal advice from people like Oakville family and divorce lawyer—Lydia Moritz is important before the process.