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At times, documents will simply need an ordinary witness. This is a person who doesn't need any special requirements to witness the signature, as long as they are over the age of 18, are considered to have the capacity to witness the signature and can confirm the identity of the signing party.

A party to a deed cannot be a witness to another signature to that deed. Legislation does not prohibit a signatory's spouse, co-habitee or civil partner from acting as a witness and it is also generally acceptable for an employee of a party to witness that party's signature.

In short, contracts and deeds can usually be signed in counterpart. The absence of a specific counterpart clause should not affect the validity of a deed where a deed has been executed in counterpart. However, having such a clause can help to prevent another party from claiming that an agreement is not binding.

A party to the deed cannot witness the signature of another party to the deed (Seal v Claridge (1881) 7 QBD 516 at 519). The relevant legislation does not prevent a signatory's spouse, civil partner or cohabitee from acting as a witness (if they are not a party to a deed), but this is best avoided.

Transfers, leases and other documents ?under Deed? will usually require an independent witness against each signature. The same person can witness multiple signatures, but the witness must be an adult, and cannot be related to you or any other party in the transaction.

Where it is not possible to be in the physical presence of an independent witness, then a family member or cohabiting individual will suffice, providing the witness is not party to the documents or wider transaction.