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→Legal and formal requirements of a marriage agreement
*A marriage agreement must be in writing.
*The agreement must be signed by each party and should be signed in the presence of a witness. Although an agreement made without a witness can be valid and binding, it is a very good idea to have a witness so that they can confirm that the parties signed the agreement, in case one of them denies signing it in the future. As well, sections 94 and 165 of the ''Family Law Act'' prevent the court from making orders about property and debt that has have been addressed in a written and witnessed agreement unless it sets the agreement aside.
*Neither party should be under a legal disability, like being under the age of majority or not being of sound mind, when signing the agreement. However, children who are parents or spouses may enter into a binding agreement.
*The agreement must clearly identify the parties and the nature of their rights and obligations to one another.