Notaries and Prenuptial Agreements
Common Documents That Need to be Notarized
Deed of Trust
Statement of Consent (for application for Passport for child under age 16)
Application for Duplicate or Paperless Title
Release and Waiver
Certificate of Authorship
Power of Attorney
Parental Consent for Travel
Affidavit of Forgery
Certificate of Identity
Deed of Trust
Copy Certification By Document Custodian
Durable Power of Attorney
Power of Attorney for Health Care/Advance Health Care Directive
Do Prenups Need to be Notarized?
There is no law in California that requires this (except if the agreement transfer real property). However, notarizing establishes the identity of the signer. Most people will not sign a document and then later claim to NOT have signed it. (Forgery). But in the event that you marry one of these liars, it’s good practice to notarize it.
What Does the Notary Do?
The notary verifies that the person signing is indeed who he claims to be. She will check identification and take a thumb print. Later, if the signer claims that is NOT their signature, the notary can be a witness.
Can the Attorney Who Drafted Our Prenup Notarize the Prenup?
They can. However, it is not good practice. Later, if the attorney is called as a witness, the fact that he also notarized it could be seen as a conflict of interest and suspicious. It is best to hire a notary who is not associated with either law firm that represented the parties.
Should I Get a Prenup?
I think so. It’s too risky to marry without one. For more information, please visit my blog and read What to Expect When You Hire Us to Prepare your PMA, Is My Prenup Enforceable? Sunset Clauses and Prenups, and other helpful articles about prenups.