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Does a California MSA Need to be notarized
Anonymous1 views2 answers
We're in agreement on all details in the MSA and have both signed it, but looking back at the book I'm using to prep, it seems to indicate that notarizing is required. Based on my research, I didn't think this was the case. Could someone let me know?
San Francisco attorney answering this question. The rule of thumb is this: if a party has an an attorney, then it is not necessary for the legally-represented individual to notarize the MSA document; if, however, a party is NOT represented by legal counsel, it is strongly recommended that the MSA be notarized. By an attorney signing the MSA or a notary attesting to the signature (of the party who does not have an attorney)--confirms and satisfies the Court that the party was the actual signor on the MSA and that no fraud took place.
Local rules might have such requirement. Check with local family law clerk, get a copy of local rules and then you will have answer. For example, in Santa Clara county, MSA for a party to lawsuit without an attorney, notarization is required.
