Legal Question in Family Law in California

pre-nuptial agreement

I have prepared prenuptial agreement with my fiance.

Once I and he signs in front of notary publice and get it notarized, is it binding before court? There is no witness signs for this agreement.


Asked on 12/28/05, 12:17 pm

3 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: pre-nuptial agreement

For one thing, there has to be a clause in your prenup that advises your fiance to seek advice of an independent attorney and for another thing, you must disclose to your fiance what he is giving up. See an attorney.

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Answered on 12/29/05, 5:34 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: pre-nuptial agreement

If there are issues which are important to you which you wish to have enforced, then, consult an attorney to be sure your "pre-nupt" will fly. Call me directly at 16192223504.

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Answered on 12/28/05, 1:55 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: pre-nuptial agreement

Technically, you are doing the right things to show no "fraud" occurred upon the execution of your agreement. However, in order for the agreement to "fly" in Court, it must be enforceable from a legal standpoint, not just a "notary public" standpoint. This is the MOST important part period. You should definitely consider retaining an attorney to review the pre-nup, modify it and/or draft one for you that will certainly "fly in Court" as enforceable. For a free consultation, and/or very affordable assistance in this matter, contact us directly hereafter.

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Answered on 12/28/05, 2:55 pm


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