Do I Need To Notarize Our Mediated Agreement?
Any mediator is called upon to promote fairness in divorcing couples. When he/she helps them reach an agreement, they write their terms and conditions to minimize any conflict that may arise in the future. One common question is either one can have their mediated agreement notarized.
Though there is no legal requirement that a mediated agreement be notarized, having a notary public in Toronto would ensure that the agreement is legally enforceable; the reason is that one party may one day decide to dispute an agreement to which they signed. In this way, if the agreement were notarized, this would help a great deal.
Benefits Of Having Your Mediated Agreement Notarized
After the mediation sessions are over, the mediator prepares a report based on what the parties have agreed. At that point, a good mediator can advise you to either contact a lawyer or a notary public to have your report converted into a legally binding contract. The agreement can later be used in court to make divorce decisions if a need arises. For a mediated agreement to be notarized, it must be in writing. This comes in hand if the agreement is to be disputed in court. Some of the benefits of having a notarized agreement include:
· With a notarized agreement, you can verify that your spouse agreed on the information written by attesting with a signature.
· If your spouse objects to the agreement made, the notarization will prove that they did sign the contract and in good faith.
What Does The Notary Do?
If you choose to have your mediated agreement notarized, the notary will validate your identity and make you sign the agreement. After signing, he/she will keep a journal of your signatures that have been witnessed. If you fail to sign and have your agreement notarized at the end of your mediation process, the court may undermine all the time you spent. Not forgetting the mediation fees used.
Remember that your agreement though notarized, may not be legally enforceable. The court has to accept that both parties agreed to the terms written. When a mediated agreement is notarized, it can either be taken to a divorce lawyer or court to be reviewed. In case of disputes, the notarized mediated agreement may be needed in court to ensure that the signor indeed is the one who is represented by such agreement. `
Dealing With An Experienced Notary Public
Almost all lawyers in Canada are approved to notarize legal documents. Thus, you need to get the best notary who can do the right job and ensure the court can rely on your agreement in case your divorce case is to proceed to court.
Working with an experienced notary public may help you improve the quality of your divorce agreement, which may lead to satisfaction and a reduction of the cost of divorce. If you need your mediated agreement to be notarized, you can look for a qualified notary public.