Does it matter who witnesses separation agreement?


I’m not an attorney but from my understanding from doing my divorce myself you need to have the seperation agreement notorized. If I were you I would go to the bank and have it done. I would not let him pick his friends b/c that could be a conflict of interest. I had my stuff done by simply going to the bank and paying the 3.00 per notary seal. It’s safer for you and him both and personally, I would have it filed with the court also.


Yes in oder to have that paper work a legal document it must be notarized without it forget it just burn it because it is no good.
Also you do not have to file with the court just you must live in seperate homes for 1 year, do what I did make 4 copies 2 for you and 2 for him and they all must be signed too.
Hope this helped


Dear rockmehardplace:

Greetings. Your separation agreement must be notarized to be valid. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


What are the practical and legal differences between having a separation agreemement witnessed and signed by, 1. an attorney; 2. a notary; 3. any other adult such as a friend, neighbor or coworker who is not an attorney or notary? Is any one of the 3 more or less “legal and binding” than the others? Which witnessing method protects the integrity of the document best?
My husband wants to opt for having 2 people (one of his choosing & one of my choosing) who are not attorneys or notaries witness and sign our separation agreement - he says he just doesn’t want the separation agreement to be officially recorded on public record. I think it should at least be notarized.