What do Know About Signing your Separation Agreement
Organize someone to witness the agreement
As mentioned in the Independent Legal Advice Section, it's highly recommended to review your agreement with a lawyer and getting Independent Legal Advice with them. If you see a lawyer, they will provide advice, assist with coordinating any amendments, and they will witness your signature.
If you choose to sign your agreement without obtaining legal advice, then will want to amend the Acknowledgements section of your agreement (at the end) to remove reference to the Certificate of Independent Legal Advice AND remove the Certificate of Independent Legal Advice. Then, you have to sign your agreement with a person who is over the age of 19 years to act as your witness.
Organize the signing of your agreement
Whether you sign with a lawyer or another witness, one person will sign first. You each need original copies of the agreement.
The first person will print two or four agreements. For each copy, they will initial each page and sign the last page. The witness will sign the last page of each copy, too. If the lawyer is signing they will fill in the Certificate of Independent Legal Advice for each copy.
ALL signed copies are then delivered to the other person to sign. If you're using a lawyer, they typically take care of this for you.
The second person will follow the same procedure where for each copy, they will initial each page and sign the last page. The witness will sign the last page of each copy, too. If the lawyer is signing they will fill in the Certificate of Independent Legal Advice for each copy.
Then the second person to sign all the documents will give the other back one original copy (or two copies if you signed four agreements). You each are free to make copies from there.
Two ways to sign your Separation Agreement
We recommend signing with a lawyer so you can get Independent Legal Advice before the agreement becomes binding. However, you may also choose to sign with a witness who is not a lawyer.
Option 1: Signing With a Lawyer
If you meet with a lawyer, they will:
Provide Independent Legal Advice.
Help coordinate any amendments with your spouse or their lawyer.
Witness your signature.
Complete the Certificate of Independent Legal Advice for each copy of the Agreement.
Here is how the signing process works:
Each party reviews the agreement with their Lawyers.
Lawyers will work together to coordinate amendments and edit the document.
Once the Agreement is ready for signature, one party will go in first to sign and then the lawyer will deliver the documents to the other lawyer to sign.
The second party will sign with their lawyer.
The second lawyer will deliver the completed agreement to the first lawyer.
Option 2: Signing with a witness (without a lawyer)
If you choose to sign without a lawyer, you will need to:
Amend the Acknowledgements section at the end of your agreement to remove any reference to the Certificate of Independent Legal Advice.
Remove the Certificate of Independent Legal Advice entirely.
Arrange for a witness who is at least 19 years old to be present when you sign.
Here is how the process works:
First signer
Print two or four copies of the Agreement.
Initial each page and sign the last page of every copy.
The witness signs the last page of every copy as well.
Delivery to the second signer
All signed copies are delivered to the other person to sign.
Second signer
Initial each page and sign the last page of every copy.
The witness signs the last page of every copy as well.
Final exchange
The second person gives back one original copy (or two if you signed four agreements).
Each of you keeps an original and may make additional copies for your records.
Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.