No. BC's Family Law Act asks for a witness to each spouse's signature on a written agreement about property and debt. It does not say the witness has to be a notary or a lawyer. The province's Family Law in BC guide tells people to ask an adult older than 19 to witness the signatures. This article explains what the law asks for, whether you need a lawyer, and what can lead a court to set an agreement aside.
What the law asks for
Section 93 of the Family Law Act applies to a written agreement about dividing property and debt, with "the signature of each spouse witnessed by at least one other person." The same person may witness both signatures.
The Family Law in BC guide gives the practical version. Ask someone older than 19 to witness your signatures, and to sign and date each copy. The guide does not mention notarization.
An agreement can cover arrangements for your children, division of property and debt, child support, and spousal support.
What if the agreement is not witnessed?
Section 93 also lets the court apply its rules to a written agreement that nobody witnessed, if the court is satisfied that doing so is appropriate in all of the circumstances. The simple way to avoid the question is to have someone witness both signatures when you sign.
Do you need a lawyer?
The BC government says: "You do not require a lawyer to separate or get a divorce. But working with a lawyer can be helpful." It adds that it is a good idea to get independent legal advice before you sort out parenting arrangements for your children, and before you settle support or divide property.
Family Law in BC goes further on agreements. It says it is very important that you and your spouse get legal advice before you sign, and that each of you needs your own lawyer. Independent legal advice is the advice each person gets from their own lawyer. No law requires it, but Family Law in BC says a judge is more likely to set your agreement aside if you skipped it and later ask the court for a change.
When a court can set an agreement aside
Under section 93, the Supreme Court may set aside or replace all or part of an agreement about property and debt if it is satisfied that one of these circumstances existed when the spouses signed:
- A spouse failed to disclose significant property or debts, or other relevant information.
- A spouse took improper advantage of the other spouse's vulnerability.
- A spouse did not understand the nature or consequences of the agreement.
- Other circumstances existed that would make a contract voidable under the common law.
Before you sign
- Each of you has shared full financial information, including significant property and debts.
- Each of you has your own lawyer's advice.
- You understand what the agreement gives up and what it requires.
- Someone older than 19 witnesses both signatures, and signs and dates each copy.
Filing and changing an agreement
Family Law in BC says an agreement can be filed with a Provincial Court or Supreme Court registry. You can change it at any time if you both agree. If you cannot agree on a change, you can ask the court.
How this connects to a divorce
If you and your spouse have settled every family law issue, you can apply for an uncontested divorce together in the BC Supreme Court. The Ministry of Justice's Online Divorce Assistant is a free tool for joint divorces where spouses agree on all of those issues. For the divorce itself, see our page on divorce lawyer services in Surrey, BC.
Talking to a lawyer at Pacific Point Law
Pacific Point Law runs free 15-minute virtual consultations on Google Meet, in English, Hindi, Urdu and Punjabi. [VERIFY: describe exactly what the firm does on separation agreements, such as drafting an agreement or advising one spouse on an agreement, and state any fee the firm wants to publish.] You can read about our family law services in Surrey before you book.