Sunday, February 13, 2011

DOES NOTARIZING A PRENUPTIAL AGREEMENT MAKE IT ENFORCEABLE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can a notarized prenuptial agreement be legally enforced in California? Our prenuptial agreement has been notarized; does that mean that the prenup is legally enforceable under California law?

ANSWER: Acknowledgment [notarizing] of the parties' signatures on a Prenuptial Agreement isn't required for a Prenuptial Agreement to be enforceable, but is routinely done to protect against a party's later claiming that his or her signature was forged.

Whether or not a Prenuptial Agreement [otherwise known as a Prenup, Pre-Nuptial Agreement, Antenuptial Agreement, Ante-Nuptial Agreement, Pre-Marital Agreement and/or Pre-marital Agreement] is enforceable depends on many factors, including but not limited to its contents, the financial disclosures made in connection with the Prenuptial Agreement, whether the Prenuptial Agreement set forth the parties' voluntary and express waivers of disclosure beyond those made in the Prenuptial Agreement, the circumstances under which the Prenuptial Agreement was entered, whether each party consulted with indepdent counsel regarding the Prenuptial Agreement, how close to the date of the marriage the Prenuptial Agreement was entered, whether or not there was a confidential relationship between the parties prior to and/or at the time of entry into the Prenuptial Agreement, and the circumstances existing at the time enforcement of the Prenuptial Agreement is sought.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.

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