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Free Arkansas Prenuptial Agreement Template

An Arkansas prenup records your financial plans before marriage, signed and acknowledged by both of you. Create yours quickly with our online form.

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What Is a Prenuptial Agreement in Arkansas?

An Arkansas prenuptial agreement is a written contract between two people planning to marry. State law calls it a premarital agreement. Beyond signing it, both partners must also acknowledge it.

Arkansas Requirements for a Prenuptial Agreement

The Arkansas Premarital Agreement Act, Ark. Code §§ 9-11-401 to 9-11-413, governs these agreements.

Three Formalities, Not Two

Section 9-11-402(a) requires the agreement to be:

  • In writing
  • Signed by both partners
  • Acknowledged by both partners

It’s enforceable without consideration, so neither partner needs to pay anything for it to count.

A Definition That Changed in 2017

Act 654 of 2017 added a definition of “acknowledged” to the same section. As a result, the law now spells out four ways to meet the rule. Older guides written before that change may not reflect them.

Does an Arkansas Prenup Need a Notary?

Not always, but both partners must acknowledge it. Under § 9-11-402(b), any one of these four methods counts:

  1. Before a public officer. Both partners formally declare, before an authorized public officer, that the agreement is their act and deed.
  2. Through the attorneys. Each partner’s attorney gives a sworn affirmation that their client understands and consents to the agreement’s legal effect.
  3. With a notary and a statement. A notary witnesses the signing. In addition, the agreement states that both partners consulted their own attorneys and read and understand it. It also states they signed freely, without coercion or undue influence.
  4. With two witnesses. Two individuals who are disinterested parties to the agreement watch both partners sign it.

So a notary is part of only one route. Even then, the notary alone isn’t enough without the three-part statement.

Tip

Decide on the acknowledgment method before the final draft. The notary route changes the text of the agreement, while the other three change who must take part. Planning it early keeps an Arkansas prenuptial agreement on schedule.

How to Sign Your Prenup in Arkansas

  1. Choose your route early. Pick one of the four methods before you schedule a signing day.
  2. Book the right people. That could mean a public officer, both attorneys, a notary, or two disinterested witnesses.
  3. Add the statement for the notary route. Route three needs the attorney-consultation, understanding, and free-will statement written into the agreement.
  4. Sign and acknowledge. Both partners sign the written agreement, then complete every step your chosen route requires.
  5. Store it with your personal records. Keep the original with any attorney affirmations or witness details.

What to Include in an Arkansas Prenuptial Agreement

Beyond the formalities, an Arkansas prenuptial agreement usually covers:

  • Both partners’ full legal names
  • Assets and debts each person brings into the marriage
  • Which property remains separate
  • How you’ll handle income and new debts after the wedding
  • Support terms, if you want them
  • The acknowledgment language or signature blocks for your chosen route

If you pick the notary method, that three-part statement belongs in the document itself.