Will a pre-nuptial agreement be legally valid when witnessed and notarized?

Asked almost 5 years ago - Herndon, VA

If I create my own pre-nup agreement (using a form from legal library) and i have 2 witnesses for each party and have it notarized will this be sufficient if need to use at a later time in the event of a divorce? Do I need to register the document in court?

Additional information

This pre-nup is for residents in the Commonwealth of Virginia.

Attorney answers (2)

  1. Charles Edward Mcwilliams Jr.

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . Premarital agreements do not need to be recorded, and they are judged on their content - not their form alone. Proper execution of the agreement does not mean that it will be held valid by a court. There must be full disclosure - i.e. all your assets, liabilities and income sources must be disclosed - and your future spouse must have an opportunity to have it reviewed by their own attorney. There must also be no duress or inappropriate influence, so you can't hand it to your future spouse an hour before the wedding and tell them to sign. I encourage my clients to get started on this process at least 6 months before the wedding and always have their future spouse hire an attorney. This is something worth spending some money on, as the future cost of having the document invalidated will be exponentially higher.

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    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

  2. Steven Alan Fink

    Contributor Level 20

    Answered . Document does not need to be registered anywhere. Whether or not the pre-nup is valid will be determined by its contents and whether or not the other party had it reviewed by an attorney or at least had the chance. This is something worth spending a few hundred dollars to have it reviewed and blessed by an attorney. If there is a problem with it in the future the cost will be a lot more that the fees at the beginning.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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