Can a notarized prenuptial agreement be legally enforced in California? 5 Answers as of February 14, 2011

The prenuptial agreement has been nortarized, does that mean the prenups is legally enforced under California law?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
It has little to nothing to do with the notary. There are many other factors that are considering when enforcing a prenup. Have it reviewed by an attorney and I'm sure you will have an argument or 2 why you should enforce it and maybe why you shouldn't as well.
Answer Applies to: California
Replied: 2/14/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Not necessarily. There are other legal requirements to a prenuptial agreement. Consult a competent family law attorney in your area. For example, a prenuptial, or antenuptial, contract is much stronger if both parties were represented by Counsel at the time at which the contract was entered into. Also, there is a minimum requirement of days prior to marriage that the contract must be executed.
Answer Applies to: California
Replied: 2/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Acknowledgment of a Prenuptial Agreement isn't required for a Prenuptial Agreement to be valid, but is routinely done to protect against a party's later claiming that his or her signature thereon was forged.

Whether or not a Prenuptial Agreement [otherwise known as a Prenup,Pre-Nuptial Agreement, Antenuptial Agreement, Ante-Nuptial Agreement, Pre-Marital Agreement and/or Pre-marital Agreement]is enforceable depends on many factors, including but not limited to its contents, the financial disclosures made in connection with the Prenuptial Agreement, whether the Prenuptial Agreement set forth the parties' voluntary and express waivers of disclosure beyond those made in the Prenuptial Agreement, the circumstances under which the Prenuptial Agreement was entered, whether each party consulted with independent counsel regarding the Prenuptial Agreement, how close to the date of the marriage the Prenuptial Agreement was entered, whether or not there was a confidential relationship between the parties prior to and/or at the time of entry into the Prenuptial Agreement, and the circumstances existing at the time enforcement of the Prenuptial Agreement is sought.
Answer Applies to: California
Replied: 2/13/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Difficult to say without reviewing the prenup. To be valid, the prenup must comply with California law.
Answer Applies to: California
Replied: 2/13/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
A prenup is enforceable upon certain events as set forth in the agreement, which typically is either divorce, legal separation, annulment, or death. A prenup does not need to be notarized to be enforceable. Yet if there is a dispute (in court via litigation) about the authenticity of the signature, and there is no notarization to prove such authenticity, then you may need to produce other evidence to prove the signature was made by your spouse.
Answer Applies to: California
Replied: 2/12/2011
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