Witnesses for Signing Separation Agreement?

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My husband and I are drafting our separation agreement, and I am wondering if witnesses are required to be present at time of signing the separation agreement in order to make it legally binding and enforceable by court?
Lucy

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Andrew J. Kania, LL.B., LL.M.

9 years ago

Thank you for your question. There is a body of Judge made common law that deals with the enforce-ability of separation agreements. If you wish to maximize the chances that your agreement will be legally enforceable then you should both have witnesses sign at the same time that you sign, but in addition to that you should both also have independent legal advice after exchanging properly sworn financial statements. Without exchanging properly sworn financial statements and obtaining independent legal advice the fact that you have witnesses present at the time of signing may be irrelevant. If you wish to discuss this matter further you are welcome to contact me at 877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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