So, you and your partner have reached an agreement, whether it be a pre-nuptial agreement, cohabitation agreement, or separation agreement. Congrats! So now that you've worked things out amongst yourselves, what's next? Can you just write it down and sign with witnesses? A notary? Or do you need a lawyer? Great questions.

The simple answer is "yes" – you can sign an agreement without lawyers. The question you should be asking is, "should we?". The answer to that question is a resounding "NO".

Here's why:

• Independent legal advice is a legislated requirement of interspousal contracts dealing with property. Agreements signed without independent legal advice for both parties can be set aside at a later date. In other words, there is no guarantee that an Agreement signed without independent legal advice will be enforced by a court if any issues arise down the road. Those types of Agreements are simply evidence of your intentions that a Court may or may not take into consideration.
• Absent independent legal advice, your Agreement may see you giving up rights or assuming obligations contrary to the law. Doing so is fine if you are doing so knowingly and with consent. Independent legal advice will ensure you are aware of your rights and obligations under the law and under the Agreement so that you are making a fully informed choice and one that best suits you/your family.
• Agreements signed without lawyers may not comply with certain requirements of the legislation and/or common law. For example, an Agreement made without proper disclosure may be overturned down the road if one party indicates they were unaware of the extent of the other person's property. Agreements drafted and signed without lawyers also may not meet the requirements of certain other institutions (government agencies or banks, for example).

The bottom line is this: legal advice is always a good idea when entering agreements – and when it comes to separation, cohabitation/pre-nuptial or marriage agreements, obtaining independent legal advice gives you the best chance of that agreement being upheld or enforced down the road.

If you have questions or need assistance with an interspousal agreement, please contact us our family law team at www.mckercher.ca/familylawsask.