Legal Question in Family Law in Oregon

Re: Negating a Separation Agreement

YOUR QUESTION:

What are some of the actions taken by one party that can cause a separation agreement to be voided or negate it?

ANSWER:

A separation agreement may be deemed as rescinded by the conduct and actions of the parties. In particular, cohabitating with one another pretty much makes the separation agreement meaningless.

Keep in mind that a separation agreement is in essence an agreement by a married couple to live separately from one another yet still be married to one another (each party thereby being relieved of the duty of spousal cohabitation that might otherwise exist). If the parties do not live apart from one another, the agreement to do so becomes meaningless.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]