Prenup v. Postnup: The provisions of Arkansas’s prenuptial agreement statute, Ark. Code Ann. § 9-11-406, do not apply to postnuptial agreements.^[1]

Level of Scrutiny: Postnuptial agreements should be analyzed under the basic principles of contract law but are subject to scrutiny to ensure that they are fair and equitable. The confidential relationship between a husband and a wife keeps them from dealing at “arm’s length.”^[1]

Consideration: A couple’s marriage alone may not be adequate consideration to support a postnuptial agreement (a consideration is a benefit received in return for doing something or giving something up and a required element of a valid contract).^[2]