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493 bytes added ,  15:46, 17 September 2014
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*A separation agreement must be in writing.
 
*A separation agreement must be in writing.
*The agreement must be signed by each party, and should be signed in the presence of a witness.
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*The agreement must be signed by each party, and should be signed in the presence of a witness.  Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement.  In addition, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the agreement.
 
*Neither party should be under a legal disability at the time the agreement is signed, however children who are parents or spouses may enter into a binding agreement.
 
*Neither party should be under a legal disability at the time the agreement is signed, however children who are parents or spouses may enter into a binding agreement.
 
*The agreement must clearly identify the parties and the nature of their rights and obligations to one another.
 
*The agreement must clearly identify the parties and the nature of their rights and obligations to one another.

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