My fiancée and I plan to get married soon and are talking about making a pre-nuptial agreement covering property issues. Where would be advised to go to have it authorized?

Answers

The highest form of validity is obtained via court authorization (preferably the family court) where the judge will check that the parties understood the contents of the agreement and its implications, and signed of their own free will, before authorizing the agreement and incorporating it into a binding legal judgment. This will be expressly recorded in protocol, to which the judgment and the authorized agreement are attached. Once court authorization is obtained for a pre-marital agreement, this is like an insurance policy against claims of its invalidity that might be made in years to come, if the relationship sours, and you separate and/or divorce and there are property proceedings.

An alternative to authorization by court is authorization via a Notary, but only if the parties intend to marry soon after signing and actually do marry within a reasonable time afterwards, otherwise the authorization will have no value and the agreement will only have ordinary ,contractual value.

 

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