My husband and I are going thru some marital problems and I want to know if an agreement between us was signed by both of us, but not notari...

Question

My husband and I are going thru some marital problems and I want to know if an agreement between us was signed by both of us, but not notarized, is the "agreement" valid? Or, does an agreement between two parties have to be witnessed and/or notarized to be valid? I understand the Parenting Plan sets forth an agreement between the parties and should be in the child's best interest, but what about, in general, an agreement between two parties that was not notarized?

Answer

In general an agreement between two parties is binding so long as the elements of contract are met. The terms must be sufficiently definite. There must be an offer and acceptance. There must be "consideration" (something of value) upon which the contract is based. Most contracts do not have to be in writing, but some do:

1. Contracts relating to marriage

2. Contracts that cannot be completed within a year

3. Sales of land (real property conveyances)

4. Executor's promise to pay debt of estate

5. Sale of goods over $500

6.Sureties

That list is VERY generic and each of the aforementioned has various nuances, but it'll give you an idea.

Very few private agreements (if any) require a document to be notarized. If you're concerned, then just go to your bank and have it notarized. Most banks provide a notary service for free to their clients (some notaries may want to see you sign the document in their presence, but others will permit you to acknowledge that is your signature on the document -- I think the former is more correct).