How to Notarize a Prenuptial Agreement

Only a notary public can use a seal

A prenuptial agreement is a contract between two people who are about to marry. The "prenup," as it is commonly called, specifies who will keep certain items in the event the couple divorces. It also spell out caveats, child support, ownership of specific items and spousal support. Each prenuptial agreement is unique and can protect one or both parties in case they split up down the road. Once you write the prenup, you need to have it notarized or signed by a public notary in order to make it official.

Things You'll Need

• Prenuptial agreement
• Public notary with stamp
• Identification

Instructions

1. Look for a public notary in your area (see Resources). There are also mobile notaries, which come to your location.

2. Meet the notary official. The two people getting married must both attend. Show the notary your prenuptial agreement and your driver's licenses, passports, or military identification cards. If the bride or groom does not have identification, they must bring along two other people who have identification and can vouch for the person.

3. Check the prenuptial agreement to make sure there are no blank spaces or mistakes. If there are, the bride or groom must fix them and place their initials next to each correction.

4. Sign the prenuptial agreement in front of the notary. Be sure to put the correct date and time. Use a blue or black ink pen.

5. Let the notary sign or stamp the prenuptial agreement with their issued stamper. There should be a "witness" or "notary" line underneath the signatures of the bride and groom. Pay the notary public his fee. Some states have laws about how much notaries can charge (see Resources). The notary will hand the paper back to you and make a record that includes your names and the type of document notarized.

6. Check with your state laws to see whether you need to file the prenup in order to make it official. Many states do not need you to file it.

Tips & Warnings

• Check the expiration date on your public notary's stamp to be sure it is still valid.

References

• US Legal Answers: What Steps are Needed to Legalize Our Prenuptial Agreement?
• The Resaromero: Acceptable Forms of ID

Resources

• Find Law: Premarital (Prenuptial) Agreements
• Notary Rotary: Find a Notary Public
• National Notary: State Law Summaries