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Help! We’re Getting Married and Need a Prenup. Will COVID-19 Prevent Us From Getting This Done?

By Elizabeth O’Neal

While non-emergency court proceedings are temporarily suspended and legal professionals are working remotely across the State, attorneys are able to handle most matters just as they would if society was operating like normal.  This also applies to prenuptial agreements or postnuptial agreements, which can be done even while everyone is adhering to social distancing guidelines.

While these agreements require the presence of a witness and are to be executed in front of a Notary Public, Georgia Governor Brian Kemp entered an Executive Order which allows the witnessing and notarizing of legal documents to be done remotely so long as certain requirements are met.  (For the entirety of the Governor’s Executive Order 04.09.20.01, click here.)

Among other things, the Order requires the signing parties, the witness, and the Notary Public all to be together in a video conference format so that the witness and Notary are able to visually see the signers execute the document.  This could easily be accomplished through Zoom, GoToMeeting, or any other service allowing simultaneous face and voice communication.  The signers, the witness, and the Notary may all sign their portions separately and combine them to create one legally binding document.

We are available for a consultation to answer any questions that you may have regarding prenuptial or postnuptial agreements or any other matter related to COVID-19 legal concerns or otherwise.

We are making this post to inform as much as possible. It is not our intent to give legal advice or to create an attorney/client relationship. If you need legal advice, please consult an attorney. If you have questions about your particular situation, please gives us a call, send us an email, or request a video conference. We’ll be happy to assist.

Smith Welch Webb & White