Separation Agreement witnessing

My wife and I have agreed on everything about the separation and divorce after the year time frame, but what I found says that the separation agreement has to be witnessed by attorney and a notary when there is real estate and custody. We can’t afford the retainers that we have been discussed too about so is there a way to have this witness without a large cost?

That is not correct. To be valid, your separation agreement must be signed by both spouses and both spouses must have their signatures notarized. That is the only requirement.

No attorney witnesses are required and there is no distinction between separation agreements involving real estate and custody and ones that don’t.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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