Posted by Matham on 3/29/11 12:45pm
Msg #377795
Ratification of Premarital Agreement
What is a Ratification of Premarital Agreement? What does it do? Does it usually need to be notarized?
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Reply by Sylvia_FL on 3/29/11 12:54pm
Msg #377797
Google is my friend
http://www.houstonwillsandtrustsattorneys.com/articles/ratification-of-premarital-agreements/
The forms I have seen for a Ratification of Premarital Agreement didn't have a notary certificate on them, only places for the signers and a couple of witnesses.
But as we don't notarize documents, only signatures, the signers can have their signatures notarized on the document if they wish.
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Reply by FlaNotary2 on 3/29/11 1:12pm
Msg #377799
Now I know we have to agree to disagree on this...
I don't want to start an argument about this... but I am of the opinion that we indeed notarize documents, not just signatures. I just don't like to see people nitpick about others using the term "notarize documents". And this is not intended to be an insult to you Sylvia, I truly mean that. My full opinion on this matter is stated at Msg #372303 and also at my blog.
When we take an acknowledgment, we are taking the acknowledgment of the *instrument*, ("foregoing *instrument* was acknowledged before me), not just the acknowledgment of the signature.
MHO
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Reply by Sylvia_FL on 3/29/11 3:52pm
Msg #377832
Re: Now I know we have to agree to disagree on this...
Yes we have to agree to disagree on this one.
We are only notarizing the signature of the person signing.
The person is acknowledging they signed the document.
Foregoing instrument was acknowledged before me by......
I am not acknowledging the *instrument*. The signer is.
So that is IMHO
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Reply by Matham on 3/29/11 1:15pm
Msg #377800
Ok, so if the document needs two witnesses, do they need to be present at the time of notarization.
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Reply by Linda_H/FL on 3/29/11 1:17pm
Msg #377802
Matham..you need to get instructions from the
people that hired you or the people who provided the document - it's up to them if it needs witnessing or notarizing.
As to this last question - the witnesses need to be present when the signers sign as they need to see them sign it - theoretically, the signer is going to sign in front of you, especially in the case of a jurat - sooo...it stands to reason that the witnesses are going to be there.
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Reply by Matham on 3/29/11 1:21pm
Msg #377805
Re: Matham..you need to get instructions from the
Actually, it's an acknowledgment.
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Reply by Linda_H/FL on 3/29/11 1:24pm
Msg #377807
Re: Matham..you need to get instructions from the
Then if it's already signed, you're only concerned with the signer acknowledging that it's their signature. You're not notarizing the witnesses' signatures, nor are you responsible for verifying that they did, in fact, witness it - unless there's some sort of self-proving affidavit attached specifically for notarizing the witnesses' signatures (usually reserved for Wills, Trusts, etc etc) in which case they'll need to appear before you.
But, generally, no, they do not have to see the notarization. Your business is with the signer only.
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Reply by JanetK_CA on 3/29/11 5:52pm
Msg #377862
Re: Matham..you need to get instructions from the
"unless there's some sort of self-proving affidavit attached specifically for notarizing the witnesses' signatures"
I think that's unlikely to be the case in California and may not comply with our notary law.
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Reply by Linda_H/FL on 3/29/11 6:00pm
Msg #377863
Re: Matham..you need to get instructions from the
Was just a CYA thought in case anyone jumped in with "but what if!!!"...
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Reply by desktopfull on 3/29/11 4:22pm
Msg #377840
How can they witness something if not present to witness? n/m
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