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What is Notary , and how important is to validate any contracts ? Can a postnub agreement gets reverse at the time of divorce

Irvine, CA |

if there are no Notarized signature on it?

Attorney Answers 4

Posted

A notarized signature will not make a bad agreement enforceable, and the lack of one won't make an otherwise good agreement UNenforceable. Post-nips areMUCH harder to write correctly than prenups, and are not something you want to do yourself. speak to an EXPERIENCED family law attorney.

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A prenuptial agreement, also called a premarital agreement, does not have to be notarized under California law. There are other requirements to make them legally valid, however. When they are not done correctly, they can be challenged in either family court at the time of a divorce, or in probate court at the time of a death.

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Posted

A notary is only notarizing the authenticity of the signatures, not the validity of the document. A post nuptial agreement is by assumption not favored by a court. It very well could be nullified.

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Posted

A notary is a person licensed by the State to authenticate a person's identity. Post-nupital agreements, to be enforceable, must follow strict rules, and are usually drafted by an attorney. If you are talking about a legal separation agreement, that is much different from a post-nup. I would take the agreement to an attorney for advice in terms of its enforceability and legality.

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