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Prenups legal when not notarized

jules1971
New User

Post #1 of 2 (4259 views)

Prenups legal when not notarized

I was wondering... My husband and I signed prenups but we never had them looked at by an attorney.. nor are they notarized. Are they still binding and legal?

(This post was edited by Legal on Apr 5, 2005, 6:44 AM)

Legal
GettingRemarried.com Legal Advisor

Post #2 of 2 (4243 views)

Re: [jules1971] Prenups legal when not notarized [In reply to]

I always recommend couples contact a local lawyer to help them draft prenuptial agreements or, at the very least, to look over prenups that you have drawn up yourselves (this can save a bit of money). Actually, you'll need two lawyers. One for you, and one for your future spouse. For the prenup to hold up in court, some states actually require proof that you both had independent counsel when putting it together. Even if it's not a rule in your state, it is still desirable for each of you to get your own attorney. You'll want to make sure that you have an independent party who is truly looking out for your�and only your�best interests.
Regarding having it notarized, it depends on the state you live in; some states require that the signatures are notarized in order for the prenup to be valid. Check your state laws with your attorney.
M. Giordano
Legal Advisor