What to Know About Prenuptial Agreements : Part 3
If you are entering into a prenuptial agreement (aka prenup) in California, you must have both the signatures on the prenup notarized.
For an explanation of what is a prenup, see What to Know About Prenuptial Agreements : Part 1.
In the event that a couple signs a prenup and later decides to separate or divorce, it is possible that one spouse may challenge the validity of the prenuptial agreement in court. The court will then rule on whether or not the prenuptial agreement is binding and enforceable. If the court rules that the agreement is not enforceable, then the parties are not required to comply with its provisions.
This is why it is important to decrease the likelihood of the prenuptial agreement being challenged in court. One way to do this is to ensure that when both spouses are ready to sign the prenup, their signatures are notarized by a licensed notary public. The licensed notary public is a witness to the parties’ signature, verifies their identification, and sometimes also documents each party’s thumb print.
When prenups are challenged in court, one of the arguments a spouse may bring up is a claim that the signature on the prenup is not their signature and they should therefore not be bound by the terms of the contract. They can argue that they didn’t sign the prenup or that their signature was forged. In order to avoid your prenup being challenged based on this argument, make sure you have a licensed notary public notarize your signatures. Generally, notaries charge anywhere between $10 – $15 per signature. It’s worth it!! This way, if the validity of the prenup is challenged, the licensed notary public can be called as a witness and present his or her notary journal to prove the parties’ signatures on the prenup is actually their signature. This could save you a lot of time and money by avoiding the costs associated with the other party challenging the validity of your prenup in court.
If you have any questions about prenups, please call us for a free 30-minute consultation.
Attorney Jeffrey P. Mach, Jr. is a Certified Family Law Specialist in the state of California. Mr. Mach is not a specialist in any other state.
Information provided on our website does not constitute legal advice. This blog and video are strictly for informational purposes and not for the purpose of providing legal advice. Please be advised, the law is constantly changing. If you need legal advice, please contact your lawyer and they can answer your legal questions with respect to a particular issue or problem. Nothing posted or anything herein forms an attorney-client relationship. This a communication/solicitation/advertisement. Mach Law does not make any guarantees, warranties, or predictions regarding the result of representation.