Questions to ask a notary before drafting your ANC

You've found a notary and booked an appointment to draft your antenuptial contract (ANC). Before you sit down, knowing what to ask—and what to listen for in their answers—protects you from mistakes that will cost money and stress later.

An ANC is binding. It shapes how your assets, debts and income are treated if the marriage ends. The notary's job is to draft a contract that reflects your actual wishes, ensure both of you understand it, and get it registered before the wedding. That sounds straightforward, but vague answers, missing questions or a notary who rushes through the meeting are warning signs that your contract may not do what you need it to.

What does your fee cover, and what happens if we need changes?

A straightforward answer sounds like: "My fee covers the initial consultation, drafting the contract based on what you tell me, one round of edits, and registering it at the deeds office. If you need significant changes after that—like adding clauses we didn't discuss or changing the regime entirely—there's an extra fee."

An evasive answer sounds like: "It depends on complexity" without then explaining what complexity costs extra, or vagueness about whether registration is included. If a notary won't give you a clear picture of what's covered and what isn't, you'll be surprised by invoices later.

Why this matters: you need to know upfront whether the fee is fixed or has hidden tiers. Also ask whether they charge hourly for follow-up calls or emails if you have questions after drafting. Some notaries build that into their fee; others bill separately. If your fiancé needs changes or clarifications later, you want to know the cost before you're locked in.

Also ask: do they charge a separate fee for registration at the deeds office, or is that built in? Some notaries quote a drafting fee only, then add a registration fee when you're close to the wedding. Knowing this upfront lets you budget properly.

How do you make sure both of us actually understand what we're signing?

A good answer includes: "I explain each clause in plain language, not legalese. I ask you and your fiancé questions about your intentions separately and together, and I note any confusion or disagreement. If one of you doesn't understand something, we stop and clarify. I also give you a plain-English summary of what the contract does before you sign."

An evasive or weak answer sounds like: "I go through the contract with you on the day" without saying how they check understanding, or "I've drafted thousands of these, so it's fine" (suggesting they rush through). If a notary doesn't explain their process for ensuring both parties truly grasp what they're signing, the contract may later be challenged, or you may discover it doesn't do what you thought.

Why this matters: a notary's job includes a duty to satisfy themselves that both parties understand the document and are signing freely. If they skip this step, they've failed at a core part of their role. A notary who takes time to explain and ask questions is protecting both of you and the contract itself.

Also ask: will you meet with both of us together, or do you prefer separate meetings first? There's no single right answer—it depends on your relationship and whether there's tension about the terms. But a notary should have a clear reason for their approach and be flexible if you request separate discussions.

What's your experience with our specific situation?

Be specific. If one of you owns a business, ask: "Have you drafted ANCs where one party is a business owner? What clauses do you usually include?" If you're merging households with debts, ask: "How do you handle existing debt in an ANC?" If either of you has dependents or inheritance concerns, ask about those too.

A good answer shows they've done this before and can walk you through typical clauses and pitfalls. A weak answer is: "We can figure it out as we go" or deflection to "it's not my specialty, but I'll research it." That's not reassuring when your financial future is at stake.

Why this matters: a notary with relevant experience will spot gaps or ambiguities in your situation faster, and their drafting will be more thorough. A notary who's drafting your ANC but rarely handles ANCs is a risk.

Before your meeting, jot down two or three scenario-specific questions. Listen carefully to whether the notary answers directly and with practical examples, or waves your concerns away as unusual. Trust practitioners on Strove who welcome specifics—it shows they take your circumstances seriously.