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After the agreement is completed, it is typically signed by
the parties at one of their attorney’s offices before a
notary. If the parties agree, there may be others present at
the signing such as a court reporter, videographer and/or retired
Family Law Judge. We routinely counsel clients about the advantages
of having such third-party participants present at their signing.
You will sign several originals of the agreement, and both
you and your partner will keep an original. All of the lawyers
will also receive an original executed version. One of the services
we provide to our clients is to scan their executed agreements
into our computer system in a PDF format, which we e-mail to
our clients for electronic storage. Our clients may also access
a copy of their executed agreement through our secure client
account section of this Website by registering a username and
password. If the original executed copy of your agreement gets
lost or destroyed, you can use a photocopy in court in most cases.
Your prenuptial agreement is a private contract and may include
a confidentiality clause to assure it stays confidential unless
you decide to record it on the land records. The only reason
you would want to record it on the land records is to put other
parties on notice that the agreement exists. For example, if
you are entering into a prenuptial agreement to, in part, protect
you against your spouse's debts, the only way you can bind third-party
creditors is by putting them on notice of the agreement. Typically
this is done by recording the agreement, or an abstract of the
agreement, on the land records.
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