Congrats on tying the knot (or close to it)! If you’re here, it’s likely that you are on your journey toward marriage, which includes getting a prenuptial agreement, and you’ve encountered the term “notarization.” It might sound like another legal hurdle, but fear not! In this blog, we’ll unravel the mystery of notarizing your prenup, why it matters, and who plays the role of a notary in the process. Think of notarizing a prenup like putting a protective barrier around your agreement, ensuring its legitimacy and adding an extra layer of security, much like a shield for the promises you’re making to one another.
What is notarization?
Notarization is essentially the process of getting certain important legal documents certified by a Notary Public, such as a marriage certificate, I-9, certain official documents, prenups, etc. A Notary Public is an official who is appointed by the state and certified in verifying signatures on important documents. They put their stamp of approval after watching the signatories sign off the document in question. This notary stamp ensures that the signatures on the document are legitimate–meaning that identities have been verified and the people signing understand what they are signing. This notary stamp of approval adds a serious dose of credibility to a prenup.
Do I need my prenup notarized?
Now, you might be wondering if this whole notarization thing is necessary for your prenup. The answer? Well, it depends on where you live, but most lawyers will recommend notarization in any state. In other words, in most states, it’s not a strict legal requirement, but it’s highly recommended. Why? Because getting your prenup notarized gives it an extra layer of protection and can make it harder to challenge down the road. Plus, as we said earlier, there are a few states that mandate a notary, and if you skip notarization, your prenup is typically not enforceable. The bottom line is you should get your prenup notarized because it is a simple and smart way to add protection to your prenup if it is ever challenged (and it’s mandatory in some states, so better safe than sorry).
What is a Notary Public?
Let’s talk about the person who plays the main role in this notarization process – the Notary Public. This is a designated official appointed by the state government to be a formal witness to the signing of certain documents. Notaries can be anyone who follows the right steps to become a Notary Public–they could be lawyers, non-lawyers, bankers, mailmen, etc. To become a Notary Public, you simply need to meet your state’s qualifications, fill out a form, get trained, pass an exam, and get registered (which includes fingerprinting, surety bond, etc.). Notaries get trained and certified to verify identities and confirm that everyone is willingly signing the document.
Who can notarize my prenup?
Alright, so you’re sold on the idea of notarizing your prenup (and if you’re using HelloPrenup, we require this step), but who is qualified to notarize a prenup? Is it just anyone? It is a Notary Public, of course! There is no special subsection of “prenup notaries,” though. All you need is a certified Notary Public!
Now, there might be some things to keep in mind when choosing a notary. Generally, notaries shouldn’t be your family members or anyone with a personal interest in the document. The motives and validity of the signatures and notarization could be called into question if there is an underlying benefit to the Notary Public to verify the document. For example, when notarizing a Will, having the person who is the beneficiary of the Will notarizing it may call into question the legitimacy of the signatures and/or document.
The bottom line? Notary Publics act as a notary on your prenup
And there you have it – the lowdown on notarizing your prenup. As you venture into the realm of matrimonial planning, remember that the role of a Notary Public is more than just a formality; it’s your ticket to peace of mind becuase having your prenup notarized creates a layer of protection to your agreement. So, whether you’re in a place where notarization is a legal must or you’re just opting for that extra layer of security, engaging a Notary Public ensures that your prenup is not only valid but carries the weight and credibility it deserves. Now, armed with this knowledge, go ahead and craft that prenup with confidence, knowing you’ve covered all the bases for a secure and harmonious journey into married life. Cheers to happily ever after!
Frequently Asked Questions (FAQs) about prenup notarization
Q: How much does it cost to get my prenup notarized?
A: It depends on where you get it done. If you get it done online it will typically cost around $50, depending on the company. If you hire a mobile notary to come to you, that’ll cost you much more– around $100-$150. If you go into the bank where you are a customer, it could be free of charge. If you go into a UPS store, it may be around $15-$30.
Q: Can any Notary Public notarize my agreement?
A: Any Notary Public that does not have an interest in the agreement can sign your prenup. For example, you wouldn’t want to have a family member or beneficiary to any property be the Notary Public for your prenup, as it may call into question the underlying intentions or validity. But there is no special certification for specifically notarizing prenups. Any registered, non-interested Notary Public will do!
Q: Is it necessary to get my prenup notarized?
A: In some states, yes. But regardless, in those states that do not require it, many lawyers still highly recommend notarization because it is a simple way to create an additional layer of protection to your agreement. Thus, it’s a smart decision to get your prenup notarized even if you aren’t in a state that requires it.
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]
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