If you’re going through a separation and someone’s told you your agreement needs to be notarized, you might be wondering if that’s actually true. The short answer is that it’s not legally required but there are very good reasons to do it anyway.

What the Law Actually Says

In Ontario, a separation agreement is a contract between two separating spouses. Under the Family Law Act, it doesn’t need to be notarized to be legally valid. It does, however, need to be in writing, signed by both parties, and witnessed. That witness can be almost anyone, a friend, a colleague, or a notary.

So legally, you can have a neighbour witness it and call it a day. But here’s where things get more complicated.

Why Notarization Still Matters

Separation agreements often get used in places where a witnessing neighbour’s signature isn’t going to cut it. Banks, mortgage lenders, immigration offices, and foreign institutions routinely ask for notarized separation agreements before they’ll process anything tied to your changed family status.

If your agreement covers property division, spousal support, or custody arrangements that could affect a mortgage refinancing or a future immigration application, having it notarized from the start saves you the hassle of scrambling for it later.

There’s also the matter of authenticity. A notarized document carries a professional confirmation that the signatures are genuine and that both parties appeared willingly. If the agreement is ever challenged, that matters.

What About Independent Legal Advice?

One thing worth knowing is for a separation agreement to hold up in court, both parties should ideally have received independent legal advice (ILA) before signing. A notary isn’t a substitute for a lawyer’s review, and signing without ILA can be grounds to have the agreement set aside later. If you haven’t spoken to a family lawyer yet, do that first.

How Notarization Works for Separation Agreements

At Notable Notary, separation agreement notarization starts at $59.99 for one agreement and $99.99 for two, whether that’s in person or through a mobile appointment. We serve clients across Ajax, Pickering, Whitby, Oshawa, and the surrounding area.

If you’re in the middle of a separation and need your agreement handled quickly and professionally, we’re here to make that one part of the process as simple as possible.

📞 Call: (289) 312-6678

💻 Book Online: notablenotary.ca/book-now

📧 Email: info@notablenotary.ca