Couples can use prenuptial agreements, or prenups, to address potential divorce issues prior to getting married. These agreements must be made in accordance with the laws of the state where you live or get married. Though no state requires that they be signed by a lawyer, some do require notarization. Talk to a divorce attorney in your area if you need legal advice about prenups.
How a prenuptial agreement must be formed depends on state law. Many states have adopted the Uniform Premarital Agreement act, a set of laws that establishes that all premarital agreements must be made in writing and signed by both spouses before the couple gets married. There is no requirements in these states that a prenuptial agreement is signed by a notary or by witnesses.
Some states require that all prenups be notarized to be valid. MedLaw Plus reports that Louisiana, Minnesota, Missouri all require that the couple must have their prenuptial agreements notarized, while Missouri and Minnesota require that the document must also be witnessed. Because couples are not required to hire an attorney, no state requires that an attorney sign a prenuptial agreement. Even if the parties have an attorney, the attorney does not typically sign the document.
There are also other states that make different provisions. Ohio, for example, simply requires that parties make any premarital agreement in writing. There is no requirement that the couple even sign the document. Maryland, on the other hand, requires that the agreement be in writing and signed but makes no other provisions. Oklahoma law allows for prenuptial agreements but makes no specific provisions for how they must be created, and does not even require them to be in writing.
Even in states where there is no requirement that a prenup be notarized, couples always have the option of signing their premarital agreements before a notary. A notary's primary purpose is to officially recognize a document and ensure that the purported signatures are signed by the appropriate people. However, a notary is not there to judge whether the agreement is valid, and a notarized prenup that does not meet state requirements is still invalid.
- Photo Credit mariage image by Ingrid from Fotolia.com
How to Challenge a Prenuptial Agreement
A prenuptial agreement is a type of contract entered into by a couple prior to their legal marriage. ... But some UPAA...
Ohio Guardianship Laws
The state of Ohio recognizes two separate instances in which a person requires a legal ... How to Transfer the Guardianship of...
How to Notarize a Prenuptial Agreement
Does a Prenuptial Have to Be Signed by an Attorney or Notary? Example of a Prenuptial Agreement; Comments You May Also Like....
Can a Notary Sign As a Witness in Florida?
Can a Notary Sign As a Witness in Florida?. ... If the document requires the witness signature to be notarized, ... Can...
How to File a Prenuptial Agreement
Prenuptial agreements are now seen as a ... Take the final document to a notary public. ... Can a Couple File Taxes...
What Are the Elements of an Affidavit?
These court documents include facts relevant to the case in question and can be prepared by an attorney or the ... usually...
Oklahoma Laws on Prenuptial Agreements
Although Oklahoma state law does not directly reference prenuptial agreements, ... Prenuptial Agreement Requirements. Information on Prenuptial Agreements.
Does a Durable Power of Attorney Need to Be Notarized?
Does a Durable Power of Attorney Need to Be Notarized?. A power of attorney is a legal document prepared by a person...