Getting married in Arkansas? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Arkansas Code § 9-11-406 outlines the enforceability criteria described above (voluntariness and unconscionability test). In Walters v. Walters (Ark.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Under Arkansas’s prenup law, an agreement will not be enforceable if the challenging spouse proves that he or she did not sign it voluntarily or that the agreem…
- Arkansas has enacted a version of the Uniform Premarital Agreement Act (see Ark. Code Ann. § 9-11-401, et seq.).
Are prenups legal in Arkansas?
Arkansas has enacted a version of the Uniform Premarital Agreement Act (see Ark. Code Ann. § 9-11-401, et seq.). A prenuptial agreement in Arkansas must be in writing and signed by both parties before the marriage. Importantly, Arkansas law requires certain formalities: the prenup should be acknowledged before a notary public and signed in the presence of two witnesses.
What makes a Arkansas prenup enforceable?
Under Arkansas’s prenup law, an agreement will not be enforceable if the challenging spouse proves that he or she did not sign it voluntarily or that the agreement was unconscionable when executed and that there was not a fair and reasonable disclosure of the other party’s finances (which was not waived in writing). This is essentially the UPAA standard.
What you can—and can’t—include
In Arkansas, as in most states, a prenup may address property division upon divorce (overriding Arkansas’s default equitable distribution rules), spousal support rights, inheritance rights, and management of assets during marriage. Arkansas allows couples to agree that certain property will remain separate or that on divorce a certain division will occur, etc. Waivers of alimony are permitted.
Simple process
To ensure an Arkansas prenup is airtight, couples should have the document signed in front of a notary and two disinterested witnesses, as required. It’s wise to include a notarization block for each party and signature lines for two witnesses. Executing the agreement well in advance of the wedding (not last minute) will help demonstrate voluntariness.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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