What the agreement covers
It can cover property, debts, retirement accounts, support, insurance and child custody. Each section affects the future, so an attorney's review is wise for each spouse. A notary cannot comment on fairness or advise either party.
Mediators and attorneys often prepare the draft.
Same time or separate
Spouses may sign together or separately. If they sign at different times, each needs their own notarization and can use any available notary. Remote or mobile options help when spouses live apart. Each person brings ID.
If one party is not cooperative, no one can sign for them.
Certificates
Most agreements use an acknowledgment. If the court wants a sworn financial disclosure or affidavit, that signature requires a jurat. These are different, so look at the wording. The notary completes the correct block after hearing which one the court wants.
If the pages have initial lines, the signer should initial in front of the notary.
Emotional and practical tips
Such signings can be tense. A neutral location helps. Keep attorneys or mediators available by phone to answer questions. Avoid starting arguments at the notary's table; the notary may stop and reschedule.
Do not let anyone pressure a spouse to sign quickly. The notary watches for signs of coercion.
Filing
After signing, the agreement is filed with the court. Check the clerk's page for format, number of copies and fees. Exhibits and attachments should be in the same order as the agreement.
Keep a full copy of the notarized version for your records.
Scenario: spouses living in different regions
After months of negotiation, a couple agrees on terms. One spouse stays in the home region and the other has moved across the country. Their attorneys send the same final agreement to both.
One signs at a local notary. The other uses remote online notarization or a mobile notary. Each notarization is a separate act. They send the signed pages to the attorneys, who combine them for filing.
Because the case may involve a financial disclosure or parenting plan with its own signature page, the attorneys prepare a signing checklist. Each page that needs a notary is marked. This avoids missing a certificate, which could force a second round of signing and delay the court date.
Expect to initial pages and sign exhibits, such as a parenting schedule or a property list. Count the signature lines before the appointment and mark each with a sticky note. That way the notary can see quickly which pages need an act and which are only signed. A short session is kinder to everyone, especially when the matter is emotionally heavy. Courts differ on what they want in the file. Some ask for the agreement to be attached to a judgment, others for a short summary. Ask your attorney what the clerk expects, and bring that guidance when you sign so any missing page is spotted immediately. Do not discard drafts until the court has accepted the final version.
Common questions
Do both spouses use the same notary?
They can, but it is not required.
Can the notary witness a financial affidavit?
Yes, as a jurat, if the signer swears to the contents.
Can I sign before the court date?
That depends on your attorney's advice and the court's instructions.
More notary guides
- How to Get an Apostille in NJ: Birth Certificates, POAs & Steps
- Promissory Notes and Personal Loan Agreements
- LLC Operating Agreement: Do You Need It Notarized?
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.