Arkansas

Family Law

Family Law

Section 9-11-402 – Formalities

(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.
(b) As used in this section, “acknowledged” means:

(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.

Ark. Code § 9-11-402

Amended by Act 2017, No. 654,§ 2, eff. 8/1/2017
Acts 1987, No. 715, § 2