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Changes
→Formal requirements of separation agreements
*A separation 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 still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement. In addition, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the agreement.
*Neither party should be under a legal disability at the time the agreement is signed, 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.