Does a Marriage Agreement Need to Be Witnessed or Notarized in British Columbia?
This answer covers the law of British Columbia.
A marriage agreement does not need to be notarized in British Columbia, but each spouse's signature should be witnessed by at least one other person. The Family Law Act does not require a notary, a commissioner or a lawyer's signature.
The court's set-aside rules for property agreements apply to a written agreement with each spouse's signature witnessed by at least one other person, and the same person may witness both signatures. A written agreement means an agreement in writing that is signed by all parties. If the signatures are not witnessed, the agreement is not automatically void, because the court may still apply those rules if it considers that appropriate in all the circumstances.
Skipping a lawyer does not make the agreement invalid under these sections, because none of them makes a lawyer or independent legal advice a condition of validity. A court can still set an agreement aside if a spouse failed to disclose significant property or debts, took improper advantage of the other's vulnerability, or did not understand the agreement's nature or consequences. Because the practical risks depend on your situation, it is worth having a lawyer review the agreement before you sign.
Key takeaways
- The Family Law Act does not require notarization, a commissioner or a lawyer's signature.
- Each spouse's signature should be witnessed by at least one other person, and the same person may witness both.
- An unwitnessed signed agreement is not automatically void, but it is not clearly within the protected rules.
- A witnessed agreement can still be set aside if a spouse failed to disclose significant property or debts, took advantage of vulnerability, or did not understand it.