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Signing the separation agreement

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Anonymous Asked:

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)?

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8 years ago

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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