*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 so that they) can confirm that the parties signed the agreement, in case one of them denies signing it in the future. In additionAs well, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a prevent the court cannot make an order from making orders about division of property and debt or spousal support that has been dealt with addressed in a written, and witnessed agreement between the parties unless it sets the court has set agreement aside the agreement.*Neither party should be under a legal disability when they sign the agreement. Note, however, that like being a minor is not a legal disability in cases where that person is also a parent or a spouse. In such a case, that person can be under the age of majorityor not being of sound mind, when signing the agreement. However, but can still children who are parents or spouses may enter into a binding agreement.

In addition to these simple formalities of a proper family law agreement, you might want to think about certain other principles of contract law such as like these:

*Both parties must make full and complete disclosure of their circumstances going into the agreement. This disclosure should include complete information about the partieseach party' assets s income and debts, as well as information about the values of the each party's assets and amounts owing on the debts.*The parties cannot make an illegal bargain, that is, they can't make an agreement that obliges them to do something against the law.

*The court will attempt to interpret and give effect to a contract wherever possible, that is, they will attempt to give specific meaning to the ambiguous terms of a contract wherever possible, rather than declare it voidjust setting the agreement aside.*If a term of a marriage agreement is found to be invalid, only the invalid part of the agreement will stop being in effect. The remainder of the agreement will continue to be valid and binding on the parties.

Aside from these considerations, it is 's also important to remember that marriage agreements that deal with property and debts or issues like spousal support are usually only meant to be used when the relationship comes to an end, at some unknown time in the future. While separation agreements are intended to work immediately from the moment they are signed, marriage agreements usually aren't intended to work until some later time, usually upon the spouses' separation. As a result, it can be difficult to guess what each party's situation will be like when the agreement begins to operate and whether it will still be appropriate and fair. Because of these problems, hiring the services of a lawyer to prepare a marriage agreement is highly recommended.