What can happen if prenuptial agreement was not notarized? 1 Answers as of April 19, 2017My wife and I married. We were together for 6 months before we separated. We are having trouble coming to terms and it's getting nasty to where she wants to bring in a lawyer. It's mostly emotional stuff not disagreements on financial issues. But now I'm starting to worry if she will start to seek alimony to hurt me. We did a prenuptial agreement but it was done by us and we signed it together. We agreed to have no claims over the other person's income. We didn't notarize this. However, we did videotape ourselves writing, reading, and signing the document together. We were abroad and it just seemed like a good idea at the time. Does this hold? I mean. I guess there's the interpretation of the contract (which we drafted without lawyer consult. Oops) and then the lack of a notary. But I'm guessing it should still be enough to prove that we intended to have an agreement and we were both present. The terms and details I guess then go up for interpretation of the contract. Can she just deny it?
Law Offices of Arlene D. Kock | Arlene D. Kock
If your prenuptial agreement failed to comply with FC1612, there's a distinct possibility that the court will set it aside if each of the specific provisions on creating a prenuptial agreement are not met. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California