Updated April 22, 2024
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An Arkansas prenuptial agreement is a legal document between two individuals prior to marriage in order to establish and separate each person’s assets and debt. Before signing, each spouse must disclose their financials and debts to each other. This is required to be done with the assistance of legal counsel on each side. After each spouse has reviewed each other’s financial information, the spouses can come together and make an agreement.
Signing Requirements
The spouses must sign the prenuptial agreement along with the Acknowledgment (PDF, MS Word, OpenDocument) which contains the following language:
(1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties;
(2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement;
(3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties:
(A) Have consulted with their respective attorneys regarding the premarital agreement;
(B) Have read and understand the premarital agreement; and
(C) Freely entered into the premarital agreement without coercion or undue influence; or
(4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.
Statute: § 9-11-402
Laws
- § 9-11-401 – Definitions
- § 9-11-402 – Formalities — Definition
- § 9-11-403 – Content
- § 9-11-404 – Effect of marriage
- § 9-11-405 – Amendment or revocation
- § 9-11-406 – Enforcement
- § 9-11-407 – Enforcement — Void marriage
- § 9-11-408 – Limitations of actions
- § 9-11-409 – Application and construction
- § 9-11-410 – Short title
- § 9-11-411 – Severability
- § 9-11-412 – Time of taking effect