Executing Your Separation Agreement
Once the core of your agreement is drafted using a separation agreement template, it's essential to proceed with caution and precision when signing and witnessing it. Here's a step-by-step guide:
Review for Accuracy: Before signing or dating the agreement, meticulously review it for accuracy and completeness.
Make Necessary Copies: Once satisfied, create multiple copies of the agreement, ensuring they are of good quality. You can achieve this through photocopies or by printing the completed document from your computer. You'll typically need at least two copies: one for you and one for your spouse.
Hold Off on Signatures: Avoid signing the agreement before making copies. If you do, the signatures won't be considered original and may not hold legal weight.
Witnesses Are Essential: For the signing process, you and your spouse must each have an adult witness, someone who is 19 years of age or older and understands the significance of the document.
In the Presence of Witnesses: In the presence of your respective witnesses, date the agreement, initial any deletions or modifications, and sign it. Ensure your witnesses also sign where indicated.
No Shared Witnesses: It's crucial that you and your spouse do not use the same witness. Each party should have their own.
Consult with Lawyers: If both you and your spouse have legal representation, it's wise to have your respective lawyers review the agreement before signing. Each lawyer can then act as a witness and retain a copy of the agreement in their records.
Retain Originals: After the separation agreement is properly signed and witnessed, both parties should keep an original copy for their records.
By adhering to these steps, you ensure that your separation agreement is executed correctly and stands as a legally binding document. This diligence is vital, especially considering the varying legal requirements in different provinces of Canada.