Does a prenuptial agreement have to be recorded?
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Does a prenuptial agreement have to be recorded?
My fiance and I are being married in about 5 months and want to have some mutual protection. We are wondering if a prenup is required to be recorded or if it simply can be notarized?
Asked on February 16, 2012 under Family Law, Virginia
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Prenuptial agreements normally do not have to be recorded. However they do need to be properly acknolwedged which is more than just a simple notary stamp. It usually has to be acknowledged in the same manner as is required to record a deed in your locality. Since I am an attorney in New York, you may want to double check the recoding requirment. You may want to call an attorney or even the county clerk in your area and just ask them. They will tell you whether the agreement is to be recorded and the type of acknolwedgment that you need.
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