In Arkansas, a prenuptial agreement is a contract concluded to determine the property of future spouses before they get married. The document specifies how financial questions are resolved in case of death or divorce of the signatories. In this type of free printable prenuptial agreement form, future spouses are supposed to inform each other about their property and indebtedness to be included in their future after-wedding joint assets.
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In Arkansas, the conclusion, enforcement, and validity of prenuptial agreements are in line with the Arkansas Premarital Agreement Act found in Arkansas Code, Title 9, Ch. 11, and Subchapter 4 §§ 401-413. Besides, Arkansas is one of the states that joined the Uniform Premarital Agreement Act.
In Arkansas, such contracts must be executed in writing and signed by both parties. The prenup comes into effect after the wedding. However, after the wedding, the prenup may be amended or canceled at any time upon mutual consent of both spouses.
Prenuptial agreements are enforceable in Arkansas if they meet the following conditions:
Both the husband and the wife have signed it knowingly and voluntarily.
Each spouse is fully aware of the agreement conditions (e.g., both of them understand how assets and liabilities are shared under this contract).
One spouse did not force the other into signing it.
Both spouses have provided complete information of their property and indebtedness.
Both spouses have consulted with an attorney and executed an explicit, voluntary, and written waiver of their right to demand any further information of the other spouse’s financial standing in addition to details already been revealed.
The legal requirements to prenup validity underlie the outcomes when courts refuse to admit prenup enforceability:
The spouses failed to make the agreement official.
One of the spouses was forced into the execution of this arrangement, for example, they were rushed into signing it during the wedding day.
A spouse didn’t provide true and reliable information on the owned assets.
The agreement doesn’t specify sufficient alimony payments, making one of the spouses seek public assistance to satisfy their primary needs.
The agreement contains immoral and insulting provisions.
One of the parties gives promises in the agreement that they cannot fulfill.
What Prenups Can Cover
In general, prenups can protect the pre-marriage property of every future spouse and affect the distribution of the spouses’ assets and debts in case of divorce.
Prenups can cover the following aspects of relations between spouses:
title of either party for assets of each of them and obligations related to them
all kinds of rights related to control over property, including its purchase and sales, usage, lease, assignment, mortgage, and all other types of transactions with assets
separation of assets in case of divorce or death of one of the spouses;
alteration of or refusal to provide the spousal support
the last will, arrangement of a trust, or other mechanisms intended to perform the agreement
the identity of the beneficiary from life insurance
all other aspects, including personal rights and obligations of the spouses that don’t breach the existing legislation.