Signing the separation agreement

Posted in Anonymous Q & A, Separation by Questions on December 8, 2012

I know it is preferable to have a lawyer witness when you sign your separation agreement. I have an agreement prepared by a lawyer. Is it possible to sign it without lawyers (as my husband does not want to pay a lawyer to sign)?

1 Expert Comment

  1. On January 22, 2013 at 9:22 am
    Lorrie Stojni, B.A., M.A., LL.B. said:

    Hello,

    In order to be valid agreement, the signatures of the parties must be witnessed. A lawyer can witness the signature. There is another issue regarding “independent legal advice”. It is preferable for parties to understand their legal rights and obligations prior to signing a Separation Agreement. In order to do so, they need to attend with a lawyer. If a party does not obtain independent legal advice, they may try to get the agreement set aside at a later date since they will argue that they did not understand what they were signing.

    Thanks

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