Do You Need A Notarized Separation Agreement In Ontario?

What do you do if a lawyer point blank refuses to witness (notarize) the signing of that separation agreement you and your spouse have spent time preparing yourselves? You’re eager to move on with your lives, and you’re convinced that once you get your notarized separation agreement sorted, you can close one chapter of your life and start and new one. Surely you need a notarized separation agreement for it to be legally binding?

notarized separation agreement

Well, here’s the news flash: you don’t need a lawyer for a notarized separation agreement. In fact, in Ontario, the only formal requirements your separation agreement needs to meet are:

  • It needs to be written down
  • It needs to be signed
  • It needs to be witnessed

What’s far more important is getting a Certificate Of Independent Legal Advice, to prove that a lawyer has read, assessed and green-lighted that you understand terms and impacts of your separation agreement.

More Ways Your Self-Written Separation Agreement Can Go Badly Wrong