An Arkansas prenuptial agreement is a written contract two people sign before they marry. It sets out how property, debts, and spousal support will be handled if the marriage ends in divorce or death. State law requires the agreement to be in writing and signed and acknowledged by both parties.[1.1]
Before signing, each partner should share a full list of what they own and owe. You can start from our free printable prenuptial agreement form. A prenup cannot limit child support.
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Prenuptial agreements in Arkansas follow the state's Premarital Agreement Act, found in Title 9, Chapter 11, Subchapter 4 of the Arkansas Code. The Act is based on the Uniform Premarital Agreement Act. A prenup must be in writing and signed and acknowledged by both parties.[1.1] It takes effect when the couple marries.
Spouses can amend or cancel the agreement after the wedding if both agree. Cancelling a prenup requires a written agreement.
State law sets three formalities for a prenup. It must be in writing, both partners must sign it, and both must acknowledge it.[1.1] It is also valid without consideration, so neither partner has to give the other money or property in exchange for signing.[1.1]
A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.
The law defines four ways to acknowledge a prenuptial agreement. Any one of them is enough:
Yes. Prenuptial agreements that are in writing and signed and acknowledged by both partners are enforceable in Arkansas, even without consideration.[1.1] They become binding when the couple marries. Courts can still set one aside if the signing process or the terms were unfair.
To hold up in court, the contract should meet these conditions:
An Arkansas court will not enforce a prenup that was not in writing or was not signed and acknowledged by both partners.[1.1] A court can also set aside a contract that one spouse signed under pressure, or one so unfair that it is unconscionable. These are the most common grounds:
Prenuptial agreements in Arkansas can cover assets, debts, alimony, and most other financial matters between future spouses. They cannot limit child support or decide child custody. Any term that violates public policy or a statute is also off limits.
These agreements can address:
To make a prenuptial agreement in Arkansas, share full financial information, agree on the terms, and put them in writing. Both partners then sign and acknowledge it using one of the four methods the law allows.[1.1] Start well before the wedding so neither partner feels rushed.
Yes. Arkansas law does not require an attorney to draft a prenup. Two of the four ways to acknowledge the document involve no attorney: a declaration before an authorized public officer, or signing in front of two disinterested witnesses.[1.2][1.5] The other two rely on attorneys, through sworn affirmations or a notarized statement that both partners consulted their own.[1.3][1.4]
A court may still weigh whether each spouse had access to a lawyer when it decides whether the contract was signed freely. Separate attorneys make prenuptial agreements harder to challenge.
Couples who live in a neighboring state can use that state's template instead: the Missouri, Tennessee, Mississippi, Louisiana, Texas, or Oklahoma prenuptial agreement.
