Prenuptial Agreement

I’ve got a friend wanting prenups to be notarized. Is this considered an acknowledgment or Jurat? What questions should I ask her prior to agreeing? Advice & thoughts are appreciated!

You can explain the difference, but signers do the choosing. Notarize; don’t analyze.

7 Likes

Perfect answer from Arichter…what notarial act to use is not your call…it’s up to the signers or the document preparer. You can attach your own certs but only after THEY tell you which one they want to use

Unless, of course, the wording is obvious… Like "the undersigned, being duly sworn, deposes and says… “. Or " under penalty of perjury I swear the foregoing statements are true and correct…”. That’s your tipoff for a jurat.

Absent obvious wording, it’s their call, not yours

Good Luck

3 Likes

I agree with everything that has been said. Show the signer the two different certificates and explain what the difference is and let them decide which one will fulfill what they want. Also explain that your notarizing their document does not make it “legal”. If the prenup was created by an attorney or an online legal service, it might, if needed, already have the notary certificate attached.

1 Like