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What You Need To Know About Prenup Witnesses

Prenup witnesses

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

What is a prenup witness?

A prenup witness is an additional person who is not a party to the transaction and is present to witness the signing of the prenup. Do not expect your notary to act as a witness. When utilizing Proof.com, notaries do not act as witnesses.

States on the HelloPrenup Platform that Require Witnesses

Here are all of the states that require witnesses to a prenup on HelloPrenup:

  • Arkansas

  • Florida

  • Georgia

  • Louisiana

  • Michigan

  • Minnesota

All of the above states require two (2) witnesses.

Guidelines for choosing a witness

We recommend the following witness requirements when choosing your witness:

  • Are they 18 years of age or older?

  • Are they disinterested in the prenup?

    • Witnesses are generally prohibited from being a party to or benefiting from the transaction.

    • For instance, if your prenuptial agreement includes provisions benefiting your children upon enforcement, selecting your children as witnesses is not a viable choice.

  • Are they physically located in the same room as you are at the time of the transaction?

    • If you are going to E-sign through HelloPrenup's platform, then you will need to have the witness physically located in the same room as you when E-signing.

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