Free Arkansas Postnuptial Agreement Template

An Arkansas postnuptial agreement is a signed contract between spouses. It settles how they’ll treat property and debts if the marriage ends by divorce or death. Arkansas’s divorce statute expressly recognizes property excluded by agreement, which gives the document a clear job.

The Default Is an Equal Split

At divorce, marital property goes one-half to each spouse unless the court finds that division inequitable. If a court divides it unequally, it must state its reasons in the order (Ark. Code § 9-12-315(a)(1)).

Agreements Can Carve Out Property

Marital property means everything either spouse acquires after the wedding, minus a list of exceptions. One of those exceptions is property excluded by valid agreement of the parties (Ark. Code § 9-12-315(b)(4)).

Some Property Is Already Excluded

The same list excludes property acquired before marriage, by gift, or by reason of someone’s death, such as an inheritance. It also excludes the increase in value of that property and the income it produces (§ 9-12-315(b)(1), (5), and (7)).

Dower and Curtesy Still Apply

Arkansas still recognizes dower and curtesy for a surviving spouse. For example, when a spouse dies with no children, the survivor takes half of newly acquired real estate and half of the personal estate. That share applies as against collateral heirs (Ark. Code § 28-11-307). Separately, a divorce decree dividing property bars later dower and curtesy claims (§ 9-12-315(a)(3)(C)).

The statute makes room for it. Under § 9-12-315(b)(4), property excluded by a valid agreement isn’t marital property. However, non-marital property has its own rule, and a court can still divide it differently if it finds that equitable and states its reasons in writing (§ 9-12-315(a)(2)).

The statute doesn’t list what makes an agreement valid. For that reason, draft with care: exchange full financial information, give each spouse time to review, and sign voluntarily. Also, name each excluded asset specifically in your Arkansas postnuptial agreement, since a vague clause is harder to apply.

Getting an Arkansas postnuptial agreement signed well comes down to detail and timing:

1. Name every asset you want excluded. Use account names, addresses, and business names rather than general labels.
2. Say how you’ll treat growth and income. The statute already excludes some, so state your intent for everything else.
3. Exchange financial disclosure. Each spouse shares assets, debts, and income before signing.
4. Address rights at death. If either spouse intends to give up dower, curtesy, or other survivor rights, say so in plain words.
5. Sign and date the final version. Both spouses sign the same document.
6. Keep copies with your estate papers, so they’re easy to find if needed.

Short, specific terms work best:

• Excluded property — each asset, identified precisely
• Shared property — what you agree stays marital
• Debt terms — who pays which obligations
• Death provisions — what happens to survivor rights
• Signature block — a dated line for each spouse