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Is a prenuptial legally binding if signed before a notary public.

Discussion in 'Divorce Mediation' started by room335, Oct 3, 2011.

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  1. room335

    room335 Law Topic Starter New Member

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    My fiance and I would like to know if we were to write and sign a prenuptial agreement certified by a notary public, would the document be legally binding should our marriage not work out.

    We each would list our major assets, like how much money each has in the bank (prior to marriage), major possessions (like a car and home) and we each would list any future inheritance from our parents for protection (namely their homes and money in bank). We don't care about the small stuff, but just want protection for the major assets, both current and eventual. Thanks.
     
  2. army judge

    army judge Super Moderator

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    A "prenup" is nothing more than a contract, albeit a special type of contract. Having a notary validate your signatures does nothing to certify the verbiage and structure of the document.

    If you're concerned about a future divorce and asset protection, I suggest each of you retain an attorney to
    draft the document.

    You each need to ensure your rights and assets are protected properly, if this is important to you. Drafting your own "prenup" isn't all that smart. Signing such a document before a notary adds nothing to the processs. Don't be cheap, if this is what you wish to do. Spend the money to ensure you do it correctly.
     

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