Bill No. 19 Marriage And Divorce Bill 2009 (2) The agreement may include the settlement of any differences that may arise regarding property owned by either, or both spouses. 118. Form of agreement (1) An agreement under section 117 may define the share of the property or any part of the property to which each spouse is entitled on separation, dissolution of marriage, or termination of cohabitation. (2) An agreement may be oral or in writing. (3) Each party to an oral agreement shall have a witness and where an oral agreement is used in court, it shall be confirmed by affidavit. (4) A written agreement shall be signed by both parties and witnessed by two persons chosen by the parties and may be made by the court as an order of the court. (5) Where the agreement is made as an order of court, it may be amended or terminated only by an order of court on application by the parties and witnessed by two persons chosen by the parties. (6) Where it is envisaged that a third party shall be affected by the amendment or termination, the application shall be on notice to the third party. 119. Independent legal advice Each party to an agreement under section 117 may obtain independent legal advice before making or entering into the agreement. 120. Certification of adviser (1) A person who provides legal advice under section 119 shall certify that the implications of the property agreement have been explained to the person who seeks to obtain the advice. (2) Subject to section 121, an agreement to which this section applies is not enforceable where the court is of the opinion that it would be unjust to give effect to the agreement. 50