Tobey Maguire and Jennifer Meyer were married in 2007. The couple has two children together, Ruby and Otis. In October 2016, after nine years of marriage, the couple decided to separate.
At the time of their separation, Maguire and Meyer’s released the following statement: “as devoted parents, our first priority remains raising our children together with enduring love, respect, and friendship”.
Well, TMZ reports that the couples may have more than an “enduring friendship”. Maguire and Meyer are frequently seen hanging out together. Most recently, Maguire came out to support Meyer at an event celebrating her jewelry collection.
What are the effects of reconciliation on an Application for Divorce and Corollary Relief in Ontario?
Family lawyers have a duty to discuss the possibility of reconciliation, marriage counseling, or guidance services that may help their client and spouse achieve reconciliation, in the event that their client is interested in same.
Furthermore, before the Court will consider granting a divorce, it must first consider the parties’ ability to reconcile. The Court will only proceed with divorce proceedings, if the Court finds that reconciliation between the couple is impossible. Notably, the Courts will bypass this step if it is clear from the outset that reconciliation is inappropriate (i.e., family violence).
Section 10 of the Divorce Act obligates the Court to take the following steps if at any stage in a divorce proceeding it appears to the Court from the nature of the case, evidence, or attitude of either or both spouses, that there is a possibility of reconciliation:
- Adjourn the proceedings to give the spouses a chance to achieve reconciliation; and
- With the consent of both spouses, or the discretion of the court, to nominate:
a. A person with experience or training in marriage counselling or guidance; or
b. In special circumstances, some other suitable person,
To assist the spouses in achieving reconciliation
Interestingly, reconciliation may even occur after the parties’ have entered into a Separation Agreement, where their family law matter has been resolved on a full and final basis.
As such, most standard form separation agreements include a clause to allow for reconciliation. Specifically, the clause holds that in the event that the parties’ cohabit as spouses for a period totaling ninety (90) days or more, including for non-consecutive periods, the Separation Agreement becomes void. Notably, property transfers pursuant to the Agreement will survive reconciliation, but the Agreement itself is invalidated.