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does reconciliation invalidate a separation agreement?

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sandrawg

Member
What is the name of your state? CA

My husband and I legally separated in May 2004. I was told that if we moved back in together after the separation agreement was executed, it becomes invalid. Is this true? My husband and I moved back in together Nov. 2004 but are in the process of separating again. Also, there is a provision in the agreement that states that even in the event of a reconciliation, the agreement must be modified in writing. Is that binding?

Also, I was hospitalized in a psychiatric ward immediately before signing the agreement. An attorney friend (but not someone who specializes in family law) has said the agreement is invalid because, according to contract law, I lacked capacity to sign it.
 
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