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What is Severability?

Researched by the BeforeSigning editorial teamLast reviewed: 2026-05-10

Quick answer

A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands.

A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands. Without it, a single bad clause can void the entire agreement.

Examples

  • A court strikes an overly broad non-compete but leaves the rest of the employment contract intact.
  • An unenforceable arbitration provision is severed, leaving the MSA in force.
  • A boilerplate severability clause at the end of a commercial lease.

Why this matters

BeforeSigning confirms severability is present and flags its absence — a surprisingly common gap in DIY contracts.

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Frequently asked questions

What is Severability?

A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands. Without it, a single bad clause can void the entire agreement.

When does Severability matter?

BeforeSigning confirms severability is present and flags its absence — a surprisingly common gap in DIY contracts.

What's an example of Severability?

A court strikes an overly broad non-compete but leaves the rest of the employment contract intact. An unenforceable arbitration provision is severed, leaving the MSA in force. A boilerplate severability clause at the end of a commercial lease.

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