For a pre-nuptial agreement, is a standard form needed or can we write our wishes havethe writing notarized?

UPDATED: Apr 17, 2011

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For a pre-nuptial agreement, is a standard form needed or can we write our wishes havethe writing notarized?

Can’t seem to find a form with what we need.

Asked on April 17, 2011 under Family Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A pre-nuptial agreement must be completed the proper way, or it will not be valid. Also, it is important to make sure that it accurately reflects your wishes and  also has flexibility to account for changing circumstances. It is not a do-it-yourself protect, since fairly simple errors could result in it being invalidated, or, worse, in having terms given effect in a way that harms your interests. You should not try to create your own pre-nup; instead, consult with a family law attorney, who can make sure you get one that will accomplish what you want it to. Consider this: if you don't have or anticipate having enough assets or income to make a few hundred dollars in attorney fees worthwhile, then why are you bothering with a pre-nuptial agreement at all?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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