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:
Alabama
Arkansas
Florida
Georgia
Louisiana
Maryland
Michigan
Minnesota
New Mexico
South Carolina
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 great 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.
You may also select random witnesses through the Proof platform, so you don't necessarily need to bring your own witnesses if you are notarizing through the HelloPrenup platform.