Can a pre-nuptial agreement stand even if it is not notarized?

Family Law 2 views 3 answers
I understand one is supposed to notarize a pre-nup. But does a pre-nup contract, signed by the two parties, but not notarized, still bind the two parties into the agreement and have legal value in a court of law in case of a dispute? I have heard of a recording deal contract (or was it a manager contract?) made on a bar napkin that stood quite well in a court of law... A written document, dated, and signed by the parties is binding, is it not? So is the notary just an added precaution then? And will the contract still stand even if it is not notarized?

Attorney Answers

3
Tobie Waxman ·
A pre nup is a valid enforceable contract if its terms are agreed to by both parties and signed. It is not mandatory that a Prenuptial Agreement be notarized, although acknowledgments before a notary public are the norm on Prenuptial Agreements. The purpose of the acknowledgment is 1) to ensure that there is proof that the person who signed the Prenuptial Agreement is the person who signed the Prenuptial Agreement; and 2) to enable the Prenuptial Agreement to be recorded by the County Recorder (which is rarely done, because people typically want to keep their Prenuptial Agreements and their Disclosure Attachments private). Only were your spouse to claim that the signature purporting to be his/hers on the Prenuptial Agreement isn't hers/his, would there be a problem, which could nevertheless be resolved by a handwriting expert and/or by deposing the attorney who signed the certification by attorney on his/her behalf.
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Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
Maybe yes, maybe no. There's no requirement that a pre-marital agreement be notarized. BUT if a premarital agreement isn't properly prepared, then even notarizing it won't make it more enforceable. Someone needs to review the actual agreement with an experienced family law attorney.
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Stephen Cohen ·
How many times do you need to ask the same question? The answer is "until I get the answer I want!"
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