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  • Self written separation agreement

    Hello
    I know every one will suggest otherwise. I will have to go this rought for a few reasons.
    Can my wife and I write up a separation agreement sign it have witnesses sign it and not get it notarized as an uncontested divorce.
    Will this be acceptable in a year by a judge to stamp if we have no intention of changing it?

  • #2
    I wrote up my own SA and it held up in court. Unfortunatly as with most things in Family court if someone changes their minds about something they can fight it later.

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    • #3
      Sammy3: I'm not sure what province you're in, but if you're in Ontario, read Sections 51 - 55 of the Family Law Act. It deals with Separation Agreements, which are a Contract, if signed by both parties, and the signatures are witnessed. No need to have lawyers involved, but it's good practice to have a clause in the agreement that says both parties have had the opportunity to seek legal advice. There are those on this forum who will say a self prepared agreement is useless unless legal advice is obtained. This is totally wrong. I have had 2 agreements upheld in Family Court that a lawyer never gave me "advice" on. Just make sure you have EVERYTHING covered in the agreement, or anything that is left out is Fair Game in future court battles. One more point...you cannot make "Agreements" regarding child support. all these points I'm talking about are covered in the sections I referred you to in the F.L.A.

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