Download Arkansas Postnuptial Agreement Form [PDF]

The Arkansas postnuptial agreement is a legal document that determines the rights and obligations of each spouse in terms of their individual and marital property.

Each party will use the document to provide a list of their assets and liabilities at the moment of signing the document, and the parties will determine how the property will be divided in the event of a divorce. However, the parties can also use this agreement to determine how they will manage the marital property during the marriage.

The moment the parties create the agreement is the main difference between a postnuptial and a prenuptial agreement. With the prenup agreement, the parties sign the agreement before they get married, while with the postnup agreement, they sign the document during their marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Arkansas

The laws and legal requirements for a postnuptial agreement in Arkansas are outlined in court decisions and a few provisions of the state law.

Stewart v. Combs (2006) is one of the most important cases in Arkansas jurisdiction since it provides many precedents for what a postnup agreement should look like.

It provides that:

“ [...] many courts analyzing the validity of a postnuptial agreement note that the agreement is subject to close scrutiny to ensure it is fair and equitable, as the confidential relationship between a husband and a wife keeps them from dealing at arm's length.”

Signing Requirements for a Postnuptial Agreement in Arkansas

In Arkansas, the postnuptial agreement form must be made in writing. Moreover, both parties to the agreement must sign the document. Otherwise, the agreement will not be considered valid.

The notarization of the postnuptial agreement form is not required in Arkansas. However, the parties should always consider this option if they want to additionally confirm the authenticity of their agreement. 

The notary public will confirm the identity of both signing parties and acknowledge that they have both signed the postnuptial agreement in person.

Postnuptial Agreement Enforcement in Arkansas

There are a few requirements that every Arkansas postnuptial agreement must meet in order to be considered enforceable.

First of all, the postnup agreement must include full and truthful disclosure of each spouse's financial situation at the moment of signing it.

Second, the provisions of the agreement must be fair for both parties, and they should not be unconscionable. Moreover, each party should understand the consequences of signing the postnuptial agreement, which can also mean that the parties should be able to consult with their attorney before signing the agreement.

Finally, each party to the postnuptial agreement must sign the document voluntarily, without coercion or pressure.

What Can a Postnuptial Agreement in Arkansas Cover?

The postnuptial agreement in Arkansas can cover any aspect of the parties' financial and non-financial relationship during or after the marriage. However, the provisions of the postnuptial agreement should all be in line with state law and public policy.

Here, you can see the matters that are most commonly included in the Arkansas postnuptial agreement template:

Postnuptial Agreement in Arkansas: Validity Criteria

To be considered valid, the Arkansas postnuptial agreement must meet the formality criteria set by the state law. This means that the document must be made in writing and that both parties must sign the document.

Moreover, the validity of the agreement also depends on the validity of the marriage. The parties can sign the agreement at any time during the marriage. The parties can also use the multiple postnup agreements to regulate multiple financial matters.