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Do we need witnesses for our prenuptial agreement?

Which states require witnesses for a prenup

Sophia Jones avatar
Written by Sophia Jones
Updated over a week ago

State law dictates the requirements for signing a prenuptial agreement. Some states require witnesses, others do not. Here are the states that require witnesses to a prenuptial agreement: Alabama, Arkansas, Florida, Georgia, Louisiana, Maryland, Michigan, Minnesota, New Mexico, and South Carolina.

Here is a list of the number of witnesses required for each state and the statute or legal reasoning for each:

  • Alabama (2 witnesses) (Practitioner guides and commentary indicate that witnessing is highly recommended, but it is not a statutory requirement in Maryland, though HelloPrenup does require it).

  • Arkansas (2 witnesses) (Arkansas Code Title 9. Family Law § 9-11-402)

  • Florida (2 witnesses) (Florida Statute §732.702 (Fla. Stat. § 732.702)

  • Georgia (2 witnesses) (GA Code § 19-3-62)

  • Louisiana (2 witnesses) (Louisiana Civil Code Article 2331; Louisiana Civil Code Article 1833)

  • Maryland (2 witnesses) (Practitioner guides and commentary indicate that witnessing is highly recommended, but it is not a statutory requirement in Maryland, though HelloPrenup does require it).

  • Michigan (2 witnesses) (Practitioner guides and commentary indicate that witnessing is highly recommended, but it is not a statutory requirement in Maryland, though HelloPrenup does require it).

  • Minnesota (2 witnesses) (Minnesota Statutes § 519.11, subdivision 2)

  • New Mexico (2 witnesses) (Practitioner guides and commentary indicate that witnessing is highly recommended, but it is not a statutory requirement in Maryland, though HelloPrenup does require it)

  • South Carolina (2 witnesses) (Practitioner guides and commentary indicate that witnessing is highly recommended, but it is not a statutory requirement in Maryland, though HelloPrenup does require it).

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