Roanoke, VA asked in Divorce for Virginia

Q: post-nupital and property settlement agreement

should we sign with notary together or should wife sign first, separated 15 months in va

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: A prenuptial agreement or marital agreement, variously titled as a separation agreement, post-nuptial agreement, or property settlement agreement, must be in writing and signed by the parties to be enforceable. There are usually notarizations or acknowledgement(s) of the signatures by a notary(ies) public to allow the agreement to be recorded in land records, if desired by either party. It also serves as evidence of the validity of the signature.

A written contract, such as a prenuptial agreement or marital agreement, is not required to be signed at the same time by both parties. The agreement becomes effective when the last party executes it. It is not necessary for the same notary public to notarize both signatures.

Anyone contemplating a prenuptial agreement or marital agreement in Virginia should consult with an experienced Virginia family law lawyer.

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