If the notary was a family member does that make the marriage prenuptial agreement void?

Answer

If the notary is not going to gain financially from the agreement, there should be no problem. Notarizing for a relative leaves a document very weak in court. It might not make the document void by itself, but a good lawyer can use the family notarization to void the document. For a pre-nup, having a relative notarize it is/was a very bad decision.

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IN FLORIDA

Here is what it says on http://www.flgov.com/pdfs/ref_manual11-22.pdf page 19:

Prohibited Acts for Notaries

From Chapter 117, Florida Statutes

A notary public may not notarize a signature on a document if:

The person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public. §117.107(11).

From what I've read brother, sister, cousins (IE. extended family) appear to OK to notarize. Still, just to be safe just get an unrelated notary to notarize your document.

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