Congrats on your engagement! If you’re here, we’re guessing you’re getting married pretty soon, and that you also have a prenup (great job). A prenup can’t just be written down on a napkin, there are several formalities you must adhere to in order to have an enforceable agreement. Notarization is one of those formalities. And while not all states require notarization, it’s an incredibly simple and affordable way to add a layer of credibility to your agreement. In this article, we delve into the significance of notarizing a prenup, the process of notarization, considerations for choosing a prenup notary, and practical ways to locate a prenup notary near you.
What is a prenup, and why do I need to get it notarized?
A prenup (a.k.a. prenuptial agreement) is a contract between two lovebirds about to wed. It outlines various topics regarding the marriage, such as financial responsibilities, property ownership, alimony, and more. Prenups are for anyone who wants to clarify boundaries with their partner, establish clear asset ownership, and facilitate in-depth communication.
You can’t just write your prenup on a napkin (like Steven Spielberg) and then expect it to be upheld by a court. No, of course not. There are certain requirements laid out by the state that are necessary for the prenup to be enforced. For example, making sure the prenup is in writing, signed by both parties and some level of financial disclosure. In addition, some states require notarization. This means without notarization (in some states), your prenup could be invalidated. The result? You don’t have a prenup, and the state default laws will apply to your divorce instead of your own. This may not result in a favorable outcome for you.
How to find a prenup notary near you
Finding a prenup notary has become more accessible with the invention of online notarization platforms. Nowadays, you don’t even need to leave your home to find a prenup notary–you can do it all online! Yes, you read that right. You can get your prenup done virtually, all from the comfort of your couch. HelloPrenup offers this service directly through the platform, as well. As soon as you complete your HelloPrenup prenup, you can get started on notarization right away.
If you’re an old school kinda guy or gal, and you want to find a prenup notary that you can talk to in person, you can find an in-person notary by googling “notary near me.” There may be several options that pop up, such as private notary companies, solo practitioners, and UPS store options. Go with whichever one you feel is right. Another great option that may not come up on Google is your bank. Call your bank to see if they offer notary services to their customers. You may have to make an appointment or wait in line to get this done.
Factors to consider when choosing a prenup notary
When selecting a prenup notary, consider factors such as cost, state license, and convenience. Keep in mind, there is no special “prenup” notary who specializes in notarizing prenups. As long as the Notary Public has a valid notary license, then they are qualified to notarize your prenup. Let’s dig in to some considerations for choosing the perfect prenup notary.
How much will it cost you to get your prenup ntoarized? It’s important to note that most prenup notaries can get the job done for $50 or less. Unless you are hiring a mobile notary to come to your house, then you can expect to pay around the 50 dollar mark, more or less.
Which state is the notary licensed in? That is an important thing to consider, as your prenup likely has a Notary Public signature block with state-specific language. You can usually verify your Notary Public’s license is active through the state government. For example, if you live in California, you can look up your prenup notary’s license number and name here.
What level of convenience are you looking for? Are you okay with doing the notarization virtually? Maybe you want to go in-person because you find that to be easier. Or maybe you want to hire someone to come to you. Whatever your preference is, there’s an available notary for you!
The prenup notarization process
The notarization process involves the prenup notary verifying the identities of the parties involved, witnessing the signing of the document, and affixing their official notary seal. You’ll need to provide valid form of identification, such as a passport or driver’s license. And the notary will likely ask you some questions before getting started, such as asking for your name and ID and verifying which documents will be signed during the session. Once all of the basic “housekeeping” items are complete, it’s time to sign. The notary will then watch you sign the agreement. Once that is done, the notary will sign the document themselves and stamp their seal, which includes their commission number. And, voila! You have yourself a fully executed prenuptial agreement! Cheers!
Finding a prenup notary shouldn’t be too difficult. It boils down to three options: (1) Do it virtually; (2) Go in-person to a place with notaries, such as a bank or UPS store; or (3) Hire a mobile notary to come to you. To find a notary, you can start by googling “prenup notary near me” and checking out some of the top options. And remember, HelloPrenup offers virtual notarization directly through the platform.
Frequently Asked Questions (FAQs) about prenups and prenup notaries
You’ve asked, we answered. Below you can find some commonly asked questions about prenup notaries and how to find them.
Q: Is a prenup notary necessary for every prenuptial agreement?
A: While not required in every state, having a notary adds credibility and creates a layer of protection for your agreement if it is ever challenged in the future.
Q: Can we use an online notary for our prenup?
A: Yes, online notaries offer convenient services for prenuptial agreements. You can get your agreement notarized online directly through the HelloPrenup platform!
Q: What is the cheapest way to get my prenup notarized?
A: Some banks offer free notarization services to their customers. Just call ahead to make sure they offer this service and you may need to make an appointment.
Q: Can a prenup be contested even with notarization?
A: While notarization adds a layer of protection and credibility, it doesn’t guarantee immunity from challenges. Other avenues exist to get a prenup thrown out, such as if you included illegal terms in the agreement.
Q: Is it possible to make changes to a prenup after notarization?
A: Once it’s signed and notarized your prenup is final. If you need to make changes, you’ll need to execute an entire new agreement or amendment to the contract. This will require legal assistance to ensure you follow proper procedures.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]